HomeMy WebLinkAboutResolution - 3505 - Contract-Dover & Montgomery-Escalator & Elevator Maintenance,Municipal Buildings - 12_06_1990Resolution # 3505
BID #10788
December 6, 1990
Item #24
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RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract by and
.between the City of Lubbock and Dover Elevator Company for Escalator & Eleva-
tor Maintenance for Lubbock Municipal Buildings, attached herewith, which
shall be spread upon the minutes of the Council and as spread upon the minutes
of this Council shall constitute and be a part of this Resolution as if fully
copied herein in detail.
Passed by the City Council this
ATTEST:
Kanatte boyo, ui ty Secretary
APPROVED S TO CONTENT:
ene Eads, Purdhasing Manager
,APPROVED AS TO FORM:
uonala u. Vandiver, First Assistan
City Attorney
6th day of December 1990.
. r
B. C. McMI N, MAYOR
Pft
4 , T�-3- so S
CITY OF LUBBOCK
SIRECIFICATIONS
FOR
ESCATA-rOR S $LEYATOR MAINTENANCE
FOR LUSBOCK *MICIPAL BUILDING
BID 0 10780
ow
CITY OF LUBBOCK
_ Lubbock, Texas
/�SR
MAILED TO VENDOR: 8/23/90
CLOSE: 8-31-90
NEW CLOSING DATE: 9-12-90
BID # 10788
ADDENDUM # 1
PLEASE NOTE THE FOLLOWING:
PLEASE CHANGE CLOSING DATE FROM AUGUST 31, 1990 TO SEPTEMBER 12,
1990 AT 2:00 P.M.
THANK YOU,
CITY OF LUBBOCK
PURCHASING OFFICE
PLEASE RETURN ONE COPY WITH YOUR BID
MAILED TO VENDOR: 8/31/.90
CLOSE: 9/12/90 @ 2:00 P.M.
NEW CLOSING DATE: 9/19/90
@2:00 P.M.
BID # 10788
ADDENDUM # 2
PLEASE NOTE THE FOLLOWING:
1. Please use attached Bid Proposal forms.
2. Builders Risk Insurance will not be required.
3. Contract(s) will be awarded on a per building basis.
4. Please add to equipment list:
WATER TREATMENT PLANT, 6001 N. GUAVA.
5. Delete requirement for 24 hour service. Please quote all buildings on an
8 hour day 5 day a week program.
THANK YO ,
GENE EADS
CITY OF LUBBOCK
PURCHASING OFFICE
PLEASE RETURN ONE COPY WITH YOUR BID
a
BID PROPOSAL FORM EXHIBIT A
MUNICIPAL
BUILDING,
1625
13TH STREET, LUBBOCK, TEXAS 79401:
YEAR
1
MONTH
1
($ )
MONTH
2
($ )
MONTH
3
($ )
MONTH
4
($ )
MONTH
5
($ )
MONTH
6
($ )
MONTH
7
($ )
MONTH
8
($ )
MONTH
9
($ )
MONTH
10
($ )
MONTH
11
($ )
MONTH
12
($ )
YEAR
1
TOTAL
($ )
MUNICIPAL BUILDING
YEAR
2
TOTAL
($ )
MUNICIPAL BUILDING
YEAR
3
TOTAL
($ )
MUNICIPAL BUILDING
YEAR
4
TOTAL
($ )
MUNICIPAL BUILDING
YEAR
5
TOTAL
($ )
MUNICIPAL BUILDING
TOTAL
($ )
AUTHORIZED SIGNATURE
BID PROPOSAL FORM EXHIBIT A
MUNICIPAL
SQUARE,
916
TEXAS, LUBBOCK, TEXAS 79401:
YEAR
1
MONTH
1
($ )
MONTH
2
($ )
MONTH
3
($ )
MONTH
4
($ )
MONTH
5
($ )
MONTH
6
($ )
MONTH
7
($ )
MONTH
8
($ )
MONTH
9
($ )
MONTH
10
($ )
MONTH
11
($ )
MONTH
12
($ )
YEAR
1
TOTAL
($ )
MUNICIPAL BUILDING
YEAR
2
TOTAL
($ )
MUNICIPAL BUILDING
YEAR
3
TOTAL
($ )
MUNICIPAL BUILDING
YEAR
4
TOTAL
($ )
MUNICIPAL BUILDING
YEAR
5
TOTAL
($ )
MUNICIPAL BUILDING
TOTAL
($ )
r-
AUTHORIZED SIGNATURE
1
«
BID PROPOSAL FORM EXHIBIT A
MAHON
LIBRARY, 1306 9TH
STREET, LUBBOCK, TEXAS 79401:
YEAR
1 MONTH
1
($
MONTH
2
($ )
MONTH
3
($ )
MONTH
4
($ )
MONTH
5
($ )
MONTH
6
($ )
MONTH
7
($ )
MONTH
8
($ )
MONTH
9
($ )
�-
MONTH
10
($ )
MONTH
11
($ )
MONTH
12
($ )
YEAR
1 TOTAL
($ )
MUNICIPAL BUILDING
YEAR
2 TOTAL
($ )
MUNICIPAL BUILDING
YEAR
3 TOTAL
($ )
MUNICIPAL BUILDING
YEAR
4 TOTAL
($ )
MUNICIPAL BUILDING
YEAR
5 TOTAL
($ )
MUNICIPAL BUILDING
�x
TOTAL
($ )
AUTHORIZED SIGNATURE
BID PROPOSAL FORM EXHIBIT A
CIVIC
CENTER, 1501
6TH
STREET, LUBBOCK, TEXAS 79401:
YEAR
1 MONTH
1
($ )
MONTH
2
($ )
MONTH
3
($ )
MONTH
4
($ )
MONTH
5
($ )
MONTH
6
($ )
MONTH
7
($ )
MONTH
8
($ )
MONTH
9
($ )
°--
MONTH
10
($ )
MONTH
11
($ )
MONTH
12
($ )
YEAR
1 TOTAL
($ )
MUNICIPAL BUILDING
-- YEAR
2 TOTAL
($ )
MUNICIPAL BUILDING
YEAR
3 TOTAL
($ )
MUNICIPAL BUILDING
YEAR
4 TOTAL
($ )
MUNICIPAL BUILDING
YEAR
5 TOTAL
($ )
-.
MUNICIPAL BUILDING
TOTAL
($ )
AUTHORIZED SIGNATURE
LUBBOCK
POWER AND
LIGHT,
BID PROPOSAL FORM EXHIBIT
HOLLY AVENUE POWER STATION,
A
4210 EAST SLATON ROAD,
LUBBOCK,
TEXAS:
YEAR
1
MONTH
1
($ )
MONTH
2
($ )
MONTH
3
($ )
MONTH
4
($ )
MONTH
5
($ )
MONTH
6
($ )
MONTH
7
($ )
MONTH
8
($ )
MONTH
9
($ )
MONTH
10
($ )
MONTH
11
($ )
MONTH
12
($ )
YEAR
1
TOTAL
($ )
MUNICIPAL
BUILDING
YEAR
2
TOTAL
($ )
MUNICIPAL
BUILDING
YEAR
3
TOTAL
($ )
MUNICIPAL
BUILDING
YEAR
4
TOTAL
($ )
MUNICIPAL
BUILDING
YEAR
5
TOTAL
($ )
MUNICIPAL
BUILDING
TOTAL ($ )
AUTHORIZED SIGNATURE
r-
BID PROPOSAL FORM
EXHIBIT A
LUBBOCK INTERNATIONAL
AIRPORT, 6100 N. QUIRT,
LUBBOCK, TEXAS:
YEAR
1
MONTH
1
($ )
MONTH
2
($ )
MONTH
3
($ )
MONTH
4
($ )
MONTH
5
($ )
MONTH
6
($ )
MONTH
7
($ )
MONTH
8
($ )
MONTH
9
($ )
°-�
MONTH
10
($ )
MONTH
11
($ )
MONTH
12
($ )
YEAR
1
TOTAL
($ )
MUNICIPAL
BUILDING
YEAR
2
TOTAL
($ )
MUNICIPAL
BUILDING
YEAR
3
TOTAL
($ )
r.
MUNICIPAL
BUILDING
YEAR
4
TOTAL
($ )
MUNICIPAL
BUILDING
YEAR
5
TOTAL
($ )
P--
MUNICIPAL
BUILDING
TOTAL ($ )
AUTHORIZED
SIGNATURE
s
BID PROPOSAL FORM EXHIBIT A
WATER
TREATMENT PLANT,
6001 N. GUAVA, LUBBOCK, TX:
4 TON
DOVER
FREIGHT ELEVATOR
YEAR
1
MONTH
1
($ )
MONTH
2
($ )
MONTH
3
($ )
MONTH
4
($ )
MONTH
5
($ )
�.
MONTH
6
($ )
MONTH
7
($ )
MONTH
8
($ )
MONTH
9
($ )
MONTH
10
($ )
MONTH
11
($ )
MONTH
12
($ )
YEAR
1
TOTAL
($ )
MUNICIPAL
BUILDING
YEAR
2
TOTAL
($ )
MUNICIPAL
BUILDING
YEAR
3
TOTAL
($ )
MUNICIPAL
BUILDING
YEAR
4
TOTAL
($ )
MUNICIPAL
BUILDING
YEAR
5
TOTAL
($ )
MUNICIPAL
BUILDING
TOTAL
($ )
AUTHORIZED SIGNATURE
r..
• p
1. EXTRA HOURS
2. HOLIDAY
ADDITIONAL WORK
/HR
/HR
CITY OF LUBBOCK
SPECIFICATIONS
for
TITLE: ESCALATOR & ELEVATOR MAINTENANCE FOR LUBBOCK MUNICIPAL BUILDING
ADDRESS: 1625 13TH STREET
BID NUMBER: 10788
PROJECT NUMBER: 1491-552101-9519
CONTRACT PREPARED BY: Purchasing Department
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INDEX
PAGE
1.
NOTICE TO BIDDERS..........................................................................................3
p+ 2.
GENERAL INSTRUCTIONS TO BIDDERS............................................................................4
3.
BID PROPOSAL - BID FOR LUMP SUM CONTRACTS.................................................................10
4.
PAYMENT BOND..............................................................................................13
5.
PERFORMANCE BOND..........................................................................................16
6.
CERTIFICATE OF INSURANCE..................................................................................19
., 7.
CONTRACT..................................................................................................21
8.
GENERAL CONDITIONS OF THE AGREEMENT.......................................................................23
9.
CURRENT WAGE DETERMINATIONS...............................................................................41
10.
SPECIFICATIONS............................................................................................42
11.
SPECIAL CONDITIONS........................................................................................43
12.
NOTICE OF ACCEPTANCE......................................................................................45
,11
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r•�
NOTICE TO BIDDERS
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NOTICE TO BIDDERS
BID # 10788
Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be
received at the office of the Purchasing Manager, 1625 13th St., Room L-04, Lubbock, Texas, 79401, until
2:00 o'clock p.m. on the 31st day of August, 1990, or as changed by the issuance of formal addenda to all
planholders, to furnish all labor and materials and perform all work for the construction of the following
described project:
ESCALATOR & ELEVATOR MAINTENANCE FOR LUBBOCK MUNICIPAL BUILDING
After the expiration of the time and date above first written, said sealed proposals will be opened
by the Purchasing Manager at his office and publicly read aloud.
It is the sole responsibility of the bidder to insure that his bid is actually in the office of Gene
Eads, Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written.
The City Council will consider the bids on the 3rd day of March, 1990, at Municipal Bldg., Lubbock,
Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids
and waive any formalities. The successful bidder will be required to furnish a performance bond and payment
bond in accordance with Article 5160, Vernon's Ann. Civil St., in the amount of 100% of the total contract
price in the event that said contract price exceeds $25,000.00. Said statutory bonds should be issued by a
company carrying a current Best Rating of B or superior, as the rating of the bond company is a factor that
will be considered in determination of the lowest responsible bidder. If the contract price does not exceed
$25,000.00 the said statutory bonds will not be required.
Bidders are required, whether or not a payment or performance bond is required, to submit a
cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a
reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less
than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and
execute all necessary bonds (if required) within 10 days after notice of award of the contract to him.
It shall be each bidders sole responsibility to inspect the site of the work and to inform himself
regarding all local conditions under which the work is to be done. It shall be understood and agreed that
all such factors have been thoroughly investigated and considered in the preparation of the bid submitted.
-� The plans, specifications, proposal forms and contract documents may be examined at the office of
the Purchasing Manager for the City of Lubbock, Texas.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per
diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of
Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is
further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained
therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as
heretofore established by owner in said wage scale.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant
to this advertisement, minority and women business enterprises will be afforded equal opportunities to
submit bids in response to this invitation and will not be discriminated against on the grounds of race,
color, sex, or national origin in consideration for an award.
There will be a pre -bid conference on 20th day of August. 1990, at 10:00 o'clock a.m., Personnel
Conference Room #108, Municipal Building, 1625 13th street.
CITY OF LUBBOCK
BY: Gene Eads, C.P.M.
Purchasing Manager
ADVERTISEMENT FOR BIDS
81D # 10788
Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be
received at the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock,
Texas, 79401 until 2:00 o'clock p.m. on the 31st day of August, 1990, or as changed by the issuance of
formal addenda to all planholders, to furnish all Labor and materials and perform all work for the
construction of the following described project:
ESCALATOR 8 ELEVATOR MAINTENANCE FOR LUBBOCK MUNICIPAL BUILDING
After the expiration of the time and date above first written, said sealed proposals will be opened
by the Purchasing Manager at his office and publicly read aloud.
The plans, specifications, proposal forms and contract documents may be examined at the office of
the Purchasing Manager for the City of Lubbock, Texas.
Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per
Diem Wages included in the contract documents on file in the office of the Purchasing Manager of the City of
�- Lubbock, Texas. Each bidder's attention is further directed to the provisions of Article 5159a, Vernon's
Ann. Civil St., and the requirements contained therein concerning such wage scales and payment by the
contractor of the prevailing rates of wages as heretofore established by the City of Lubbock.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant
to this advertisement, minority and women business enterprises will be afforded equal opportunities to
submit bids in response to this invitation and will not be discriminated against on the grounds of race,
"^ color, sex, or national origin in consideration for an award.
There will be a prebid conference on 20th day of August, 1990, at 10:00 o'clock a.m., Personnel
Conference Room 108, Municipal Building, 1625 13th Street.
BY: Gene Eads, C.P.M.
PURCHASING MANAGER
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1=
GENERAL INSTRUCTIONS TO BIDDERS
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GENERAL INSTRUCTIONS TO BIDDERS
1. SCOPE OF WORK
The work to be done under the contract documents shall consist of the following:
-, Preventive and predictive maintenance service on all equipment and associated devises relataed to the
Escalators and Elevators.
The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to
complete this project in accordance with contract documents.
2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents described in the Gen-
eral Conditions.
All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents
for the construction of this project and shall be responsible for the satisfactory completion of all work
contemplated by said contract documents.
3. PLANS FOR USE BY BIDDERS
-- It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project
covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a
bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as
noted in the Notice to Bidders.
4. TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 000 (NO) calendar days
from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder.
The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however,
the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated
by the contract documents. In the event the City requires a progress schedule to be submitted, and it is
determined by the City that the progress of the work is not in accordance with the progress schedule so sub-
mitted, the City may direct the Contractor to take such action as the City deems necessary to insure comple-
tion of the project within the time specified.
5. PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of
the contract documents.
6. AFFIDAVITS OF BILLS PAID
The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor
to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of
the improvements contemplated by the contract documents have been paid in full and that there are no claims
pending, of which the Contractor has been notified.
-5-
7. MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and grade
will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail
will not relieve the Contractor of full responsibility for providing materials of high quality and for pro-
tecting them adequately until incorporated into the project. The presence or absence of a representative of
the City on the site will not relieve the Contractor of full responsibility of complying with this provi-
sion. The specifications for materials and methods set forth in the contract documents provide minimum
standards of quality which the owner believes necessary to procure a satisfactory project.
8. GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against de-
fective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a
written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and
pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear
within ONE year from date of final acceptance of the work as a result of defective materials or workmanship,
at no cost to the Owner (City of Lubbock).
9. PLANS FOR THE CONTRACTOR
The contractor will be furnished one set of plans and specifications, and related contract documents for his
use during construction. Plans and specifications for use during construction will only be furnished di-
rectly to the Contractor. The Contractor shall then distribute copies of plans and specifications to sup-
pliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Con-
tractor.
10. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materi-
als, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construc-
tion, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid
for such work, until the date the City issues its certificate of completion to Contractor. The City re-
serves the right, after the bids have been opened and before the contract has been awarded, to require of a
bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by
the proposed contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
11. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions
of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the ma-
terials to be incorporated into the work without paying the tax at the time of purchase.
-6-
12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in
such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines,
conduits or other underground structures which might or could be damaged by Contractor during the construc-
tion of the project contemplated by these contract documents. The City of Lubbock agrees that it will fur-
nish Contractor the location of all such underground lines and utilities of which it has knowledge. How-
ever, such fact shall not relieve the Contractor of his responsibilities aforementioned. ALL such under-
ground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by
this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas,
at Contractor's expense.
13. BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger sig-
nals, and shall take such other precautionary measures for the protection of persons, property and the work
as may be necessary.
The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and
lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and re-
placed by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barri-
cades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of
acceptance of the project.
14. EXPLOSIVES
The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor
from the City. In all cases where written permission is obtained for the use of explosives, the Contractor
shall assume full responsibility for all damage which may occur as a direct or indirect result of the blast-
ing. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost
care so as not to endanger life or property and the Contractor shall further use only such methods as are
currently utilized by persons, firms, or corporations engaged in similar type of construction activity.
_. Explosive materials shall not be stored or kept at the construction site by the Contractor.
In all cases where explosives are to be used during the construction of the project contemplated by this
contract, it shall be the duty of the Contractor to notify each utility company having structures (above or
below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such
notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem
necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of
�-- responsibility for any damage resulting from his blasting operations.
15. CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local representative available at all times
while the work is in progress under this contract. The successful bidder shall be required to furnish the
name, address and telephone number where such local representative may be reached during the time that the
work contemplated by this contract is in progress.
16. INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required
in the General Conditions of the contract documents, from an underwriter authorized to do business in the
State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written
-7-
notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or
change. All policies shall contain an agreement on the part of the insurer waiving the right to subroga-
tion.
The insurance certificates furnished shall name the City as an additional insured and shall further state
that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a
statement from the Contractor to the effect that no work on this particular project shall be subcontracted.
17. LABOR AND WORKING HOURS
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages
included in these contract documents. The wage rate which must be paid on this project shall not be less
than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The
bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil
Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations there-
under. The inclusion of the schedule of general prevailing rate of per diem wages in these contract docu-
ments does not release the Contractor from compliance with any wage law that may be applicable. Construc-
tion work under this contract requiring an inspector will not be performed on weekends or holidays unless
the following conditions exist:
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary
service to its citizens.
(2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is
approaching the penalty provisions of the contract and Contractor can show he has made a diligent
effort to complete the contract within the allotted time.
Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor
must notify the Owner's Representative not less than three full working days prior to the weekend or holiday
he desires to do work and obtain written permission from the Owner's Representative to do such work. The
final decision on whether to allow construction work requiring an inspector on weekends or holidays will be
made by the Owner's Representative.
In any event, if a condition should occur or arise at the site of this project or from the work being done
under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately
commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition
so that it is no longer dangerous to property or life.
18. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project
under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without
discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the
site of the work shall not later than the seventh day following the payment of wages, file with the Owner's
Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name
of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The
affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deduc-
tions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon.
The Contractor must classify employees according to one of the classifications set forth in the schedule of
general prevailing rate of per diem wages, which schedule is included in the contract documents.
-8-
The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten
dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such
laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set
forth in the schedule of general prevailing rate of per diem wages included in these contract documents.
19. PROVISIONS CONCERNING ESCALATOR CLAUSES
Proposals submitted containing any conditions which provide for changes in the stated bid price due to in-
creases or decreases in the cost of materials, labor or other items required for the project will be re-
jected and returned to the bidder without being considered.
20. PREPARATION FOR PROPOSAL
The bidder shall submit his proposal on forms furnished by the City. ALL blank spaces in the form shall be
correctly filled in and the bidder shall state the price both in words and numerals, for which he proposes
to do the work contemplated or furnish the materials required. Such prices shall be written in ink, dis-
tinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the
price written in figures, the price written in words shall govern. If the proposal is submitted by an indi-
vidual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm,
association, or partnership, the name and address of each member must be given and the proposal signed by a
member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by
a company or corporation, the company or corporate name and business address must be given, and the proposal
signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign
proposals must be properly certified and must be in writing and submitted with the proposal. The proposal
shall be executed in ink.
Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and
A, endorsed on the outside of the envelope in the following manner:
(a) Bidder's name
(b) Proposal for (description of the project).
Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids,
but no proposal may be withdrawn or altered thereafter.
21. BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the fol-
lowing:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Proposal.
(d) Statutory Bond (if required).
(a) Contract Agreement.
(f) General Conditions.
(9) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
(j) All other documents made available to bidder for his inspection in accordance with the Notice to
Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered
incorporated by reference into the aforementioned contract documents.
-9-
(This page left blank intentionally)
BID PROPOSAL
-10-
(This page left blank intentionally)
BID PROPOSAL
BID FOR LUMP SUM CONTRACTS
PLACE
DATE
PROJECT NO.
Proposal of (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
o.. The Bidder, in compliance with your invitation for bids for the construction of a
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other re-
lated contract documents and the site of the proposed work, and being familiar with all of the conditions surround-
ing the construction of the proposed project including the availability of materials and labor, hereby proposes to
furnish all Labor, materials, and supplies; and to construct the project in accordance with the plans, specifica-
tions and contract documents, within the time set forth therein and at the price stated below. The price to cover
all expenses incurred in performing the work required under the contract documents, of which this proposal is to be
a part, is as follows:
BID: ($ )
Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.)
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a
written "Notice to Proceed" of the Owner and to fully complete the project within 00 (NONE) consecutive calendar
days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to
pay to Owner as liquidated damages the sum of $000.00 (NONE) for each consecutive calendar day in excess of the time
r-- set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the
contract documents.
Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with in-
struction number 20 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in
the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar
days after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined
the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees
to commence work on or before the date specified in the written notice to proceed, and to substantially complete the
work on which he has bid; as provided in the contract documents.
25C
Enclosed with this proposal is a Cashier's Check or Certified Check for
Dollars ($ ) or a Proposal Bond in the sum of Dollars (S ),
which it is agreed shalt be collected and retained by the Owner as liquidated damages in the event the proposal is
accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond
(if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said
proposal; otherwise, said check or bond shall be returned to the undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shalt be bound and include all con-
tract documents made available to him for his inspection in accordance with the Notice to Bidders.
(Seal if Bidder is a Corporation)
ATTEST:
Secretary
Contractor
M
-12-
MAILED TO VENDOR: 8/31/90
CLOSE: 9/12/90 @ 2:00 P.M.
NEW CLOSING DATE: 9/19/90
@2:00 P.M.
BID # 10788
ADDENDUM # 2
PLEASE NOTE THE FOLLOWING:
1. Please use attached Bid Proposal forms.
2. Builders Risk Insurance will not be required.
3. Contract(s) will be awarded on a per building basis.
4. Please add to equipment list:
WATER TREATMENT PLANT, 6001 N. GUAVA.
5. Delete requirement for 24 hour service. Please quote all buildings on an
8 hour day 5 day a week program.
THANK YO ,
GENE EADS
CITY OF LUBBOCK
PURCHASING OFFICE
PLEASE RETURN ONE COPY WITH YOUR BID
BID PROPOSAL FORM EXHIBIT A
MUNICIPAL BUILDING, 1625 13TH STREET, LUBBOCK, TEXAS 79401:
YEAR 1 MONTH
1
NO
BID
($
-0- )
MONTH
2
($
-0- )
MONTH
3
($
-0- )
MONTH
4
($
-o- )
MONTH
5
($
-o- ]
MONTH
6
"
($
-o- )
MONTH
7
($
-o- )
MONTH
8
($
-o- )
MONTH
9
"
($
-o- )
MONTH
10
($
-0- )
MONTH
11
($
-0- )
MONTH
12
($
-0- )
YEAR
1
TOTAL
it
"
($
MUNICIPAL
BUILDING
YEAR
2
TOTAL
($
-0- )
MUNICIPAL
BUILDING
YEAR
3
TOTAL
it
it($
-0- )
MUNICIPAL
BUILDING
YEAR
4
TOTAL
"
it
($
-0-
MUNICIPAL-BUILDING
YEAR
5
TOTAL
It
it
($
-0- )
MUNICIPAL
BUILDING
TOTAL ($ -0- )
A HORIZED SIGNATURE
Karen Tomlin, Service Sales
Dover Elevator Company
906 S. Big Spring
P. 0. Box 734
Midland, TX 79702
(915) 683-1488
P-
BID PROPOSAL FORM EXHIBIT A
MUNICIPAL SQUARE,
916
TEXAS, LUBBOCK, TEXAS 79401:
YEAR 1
MONTH
1
NO BID
($
-o- )
MONTH
2
($
-0- )
MONTH
3
($
-o- )
MONTH
4
" "
($
-o- )
MONTH
5
" "
($
-o- )
MONTH
6
" it
($
-o- )
MONTH
7
" it
($
-o- )
MONTH
8
" if
($
-0- )
MONTH
9
it "
($
-0- )
MONTH
10
" "
($
-0-: )
MONTH
11
it it
($
-o-. )
MONTH
12
it if
($
-o-. )
YEAR 1
TOTAL
" "
($
-0-. )
MUNICIPAL
BUILDING
YEAR 2
TOTAL
it it
MUNICIPAL
BUILDING
YEAR 3
TOTAL
" it
($
-0- )
MUNICIPAL
BUILDING
YEAR 4
TOTAL
" it
($
-0- )
MUNICIPAL
-BUILDING
YEAR 5
TOTAL
it it
($
-0- )
MUNICIPAL
BUILDING
TOTAL
($
-o- )
AUTHORIIED
SIGNATURE
Karen
Tomlin, Service
Sales
Dover
Elevator Company
906.S.
Big Spring
P. 0.
Box 134
Midland, TX 79702
(915)683-1488
BID PROPOSAL FORM EXHIBIT A
MAHON LIBRARY 1306 9TH
STREET LUBBOCK TEXAS 79401:
YEAR 1 MONTH 1
($
24o.00.)
MONTH 2
($
24o.00 )
MONTH 3
($
24o.00_)
MONTH 4
($
24o.00 )
MONTH 5
($
24o.00_)
MONTH 6
($
24o.00 )
MONTH 7
($
240.00 )
MONTH 8
($
24o.00 )
MONTH 9
($_
24o.00_)
MONTH 10
($
24o,.00. )
MONTH 11
($
240.00 )
r-
MONTH 12
($
240.00 .)
YEAR 1 TOTAL
_
($
2,880.00 )
MUNICIPAL
BUILDING
" YEAR 2 TOTAL
l$
2,938.00. )
MUNICIPAL
BUILDING
°- YEAR 3 TOTAL
($
25997.00. )
MUNICIPAL
BUILDING
., YEAR 4 TOTAL
($
3,05.7.00 )
MUNICIPAL
BUILDING
YEAR 5 TOTAL
($.3,118.00
)
MUNICIPAL
BUILDING
TOTAL
($14,99o.00. )
AUTHOKIZED SIGNATURE
Karen Tomlin, Service Sales
Dover Elevator Company
906 S. Big Spring
P. 0. Box 734
Midland, TX 79702
(915)683-1488
BID PROPOSAL FORM EXHIBIT A
CIVIC CENTER, 1501 6TH STREET, LUBBOCK, TEXAS 79401:
YEAR 1 MONTH
1
($
560.00)
MONTH
2
($
56o.00)
MONTH
3
(W
56o.o0)
MONTH
4
($
560.00)
MONTH
5
($
56o.0o)
MONTH
6
($
560.001
MONTH
7
($
560.00)
MONTH
8 _
($
56o.0o)
MONTH
9
($
560.00)
MONTH
10
($
56o.00)
MONTH
11
($
56o.00)
MONTH
12
($
56o.0o�
YEAR 1 TOTAL ($ 6,'720.00.)
MUNICIPAL BUILDING
YEAR 2 TOTAL ($ 6,854.0o )
MUNICIPAL BUILDING
YEAR 3 TOTAL ($ 6,991.00I
MUNICIPAL BUILDING
YEAR 4 TOTAL ($ 7,131.00.)
MUNICIPAL BUILDING
YEAR 5 TOTAL ($ 7,274.00 )
MUNICIPAL BUILDING
TOTAL ($ -j4,g7o.00 )
A THORIZED SIGNATURE
Karen Tomlin, Service Sales
Dover Elevator Company
906 S. Big Spring
P. 0. Box 734
Midland, TX 79702'
(915)683-1488
BID PROPOSAL FORM EXHIBIT A
LUBBOCK POWER AND LIGHT, HOLLY AVENUE POWER STATION, 4210 EAST SLATON ROAD,
LUBBOCK, TEXAS:
YEAR 1
MONTH 1
MONTH 2
MONTH 3
MONTH 4
MONTH 5
MONTH 6
MONTH 7
MONTH 8
MONTH 9
MONTH 10
MONTH 11
MONTH 12
($
195•00 )
($
195.00 )
($
195.00.)
($
195.00 )
($
195.00
($
195.00
($
195.00
($
195.00.)
($
195.00
($
195.00
($
195•0o )
($
195.00
YEAR 1 TOTAL ($ .2,34o.O0 )
MUNICIPAL BUILDING
YEAR 2 TOTAL ($ 2,387.00.)
MUNICIPAL BUILDING
YEAR 3 TOTAL ($ 2,435.00 )
MUNICIPAL BUILDING
YEAR 4 TOTAL ($ 2 , 484 . oo )
MUNICIPAL BUILDING
YEAR 5 TOTAL ($ 2,534.00 )
MUNICIPAL BUILDING
TOTAL ($12,180.o0 )
AUTHORIZED SIGNATURE
Karen Tomlin, Service Sales
Dover Elevator Company
906.S. Big Spring
P. 0. Box 734
Midland, TX 79702
(915)683-1488
BID PROPOSAL FORM EXHIBIT A
LUBBOCK INTERNATIONAL AIRPORT, 6100 N. QUIRT, LUBBOCK, TEXAS:
YEAR 1 MONTH
1
($ 600.00 )
MONTH
2
($ 600.00 )
MONTH
3
($ 600.00 )
MONTH
4
($ 600.00 )
MONTH
5
($ 600.00 )
MONTH
6
($ 600.00 )
MONTH
7
($ 600.00
MONTH
8
($ 600.00
MONTH
9
($ 600.00 )
MONTH
10
($ 600.00 )
MONTH
11
($ 600.00)
MONTH
12
($ 600.00 )
YEAR 1 TOTAL
($ 7,200.00
MUNICIPAL BUILDING
YEAR 2 TOTAL
($ 7,344.0o.)
MUNICIPAL BUILDING
YEAR 3 TOTAL ($ 75491.00
MUNICIPAL BUILDING
YEAR 4 TOTAL ($ 7,641.00
MUNICIPAL BUILDING
YEAR 5 TOTAL ($ 7,794.00 )
MUNICIPAL BUILDING
TOTAL ($ 37,470.00.)
cy�
AUTHORIZED SIGNATURE
Karen Tomlin, Service Sales
Dover Elevator Company
906.S. Big Spring
P. 0. Box 734
Midland, TX 79702
(915)683-1488
BID PROPOSAL FORM EXHIBIT A
WATER
TREATMENT PLANT
6001 N. GUAVA LUBBOCK TX:
4 TON
DOVER
FREIGHT ELEVATOR
�- YEAR
1
MONTH
1
($
120.00)
MONTH
2
($
120.00)
r'
MONTH
3
($
120.00)
MONTH
4
($
120.00)
MONTH
5
($
120.00.)
MONTH
6
($
120.00)
MONTH
7
($
120.00)
MONTH
8
($
120.00)
MONTH
9
($
120.00)
MONTH
10
($
120.00)
MONTH
11
($
120.00.).
MONTH
12
($
120.00).
YEAR
1
TOTAL
($
1,44o.00)
MUNICIPAL
BUILDING
YEAR
2
TOTAL
($
11469.00).
MUNICIPAL
BUILDING
YEAR
3
TOTAL
($
1,498.00).
MUNICIPAL
BUILDING
YEAR
4
TOTAL
($
1,528.00)
MUNICIPAL
BUILDING '
�. YEAR
5
TOTAL
($
1,559.00)
MUNICIPAL
BUILDING
r--
AU HO ZED SIGNATURE
Karen Tomlin, Service Sales
Dover Elevator Company
906 S. Big Spring
P. 0. Box 734
Midland, TX 79702
(915)683-1488
TOTAL ($ 7,494.00)
ADDITIONAL WORK
1. EXTRA HOURS 23.60 /HR
2. HOLIDAY 71.50 /HR
CHUBB GROUP OF INSURANCE COMPANIES
4=II—ill.Jlt31t3 15 Mountain View Road, P.O. Box 1615, Warren, NJ 07061-1615
FEDERAL INSURANCE COMPANY
BID BOND
Bond No. 8095-84-27 Amount $
Know All Men By These Presents,
That we, DOVER ELEVATOR COMPANY
(hereinafter called the Principal),
as Principal, and the FEDE RANCE COMPANY, Warren, New Jersey, a corporation duly organized under
the laws of the State of R (hereinafter called the Surety), as Surety, are held and firmly bound unto
CITY OF LUBBOCK, TEXAS
(hereinafter called the Obligee),
in the sum of 5% OF THE AMOUNT BID Dollars
($ ), for the payment of which we, the said Principal and the said Surety, bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
Sealed with our seals and dated this l9th
A. D. nineteen hundred and NINETY
day of SEPTEMBER
WHEREAS, the Principal has submitted a bid, dated SEPTEMBER 19
for
ELEVATOR MAINTENANCE BID #10788
, 19 90
f
D
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid
of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid,and
give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure
of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the dif-
ference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which
the Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount
be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect.
- 2MI
Principal
By:
FEDERAL INSURANCE COMPANY
By: 4444
, ATT RNEY-1 '-FPf�f
Form 15-02 0002 (Rev. 10 88)
PRINTED
POWER OF ATTORNEY
Know all Men by these Presents, That the FEDERAL INSURANCE COMPANY, 15 Mountain View Road, Warren, New Jersey, an Indiana Corr
tion, has constituted and appointed, and does hereby constitute and appoint Grayce Bratton, Wm. W.' Holmes and J. Howard
Sandage of Memphis, Tennessee ----------------------------------------------------------------
each its true and lawful Attorney -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as si
thereon or otherwise, bonds of any of the following classes, to -wit:
1. Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the d
or not doing of anything specified in such Bond or Undertaking.
2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Cus
or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, B
or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument bonds; Lease bonds, Workers' Compensation be
Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials.
3. Bonds on behalf of contractors in connection with bids, proposals or contracts.
In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by its Vice President and Assistant Secretary and its corporal
to be hereto affixed this 1st day of May 19 90
Corporate Seal
FEDERAL INSURANCE COMPANY
By
D. Dixon Jan
Vice President
STATE OF NEW JERSEY SS.
I
County of Somerset
on this I s t day of May 1990 before me personally came Richard D. O'Connor to me known and by me known to be Assistant Secretary of the FEDERAL INSUF
COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Richard D. O'Connor being by me duly sworn, did depose and say that he is Assistant Secretary
FEDERAL INSURANCE COMPANY and knows the corporate seal thereof: that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the Bylaws
Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he is acquainted with James D. Dixon and knows him to be the Vice President of said Cof
r-�
and that the signature of said James D. Dixon subscribed to said Power of Attorney is in the genuine handwriting of said James D. Dixon and was thereto subscribed by authority of said Bylaws and in deponent's pre
Notarial T A
41.1 Acknowledged and Sworn to before me
U
NOTARY
on the date above written. �
Z PUBLiC 0Notary Public, State of New Jersey Notary Public
y�W JERCERTIFICATION No. 2066518
Canmission Expires October 2, 1994
— STATE OF NEW JERSEY SS.
I County of Somerset
1, the undersigned, Assistant Secretary of the FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the Bylaws of the said Company as adopted by its Board of Di
on March 2. 1990 and that this By -Law is in lull force and effect.
"ARTICLE XVIII.
Section 2. All bonds, undertakings, contracts and other instruments other than as ab" for and on behalf of the Company which it is authorized by law or its charter to execute, may and shall be execul
in the name and on behalf of the Company either by the Chairman or the Vice Chairman or the President or a Vice President, jointly with the Secretary or an Assistant Secretary, under their respect
designations, except that any one or more officers or attorneys -in -tact designated in any resolution of the Board of Directors or the Executive Committee, or in any power of attorney executed as provid
for in Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power of attorney.
Section 3. All powersof attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Vice Chairman or the President or a Vice Presid
or an Assistant Vice President, jointly with the Secretaryor an Assistant Secretary. under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of ea
of the following officers: Chairman, Vice Chairman, President, any Vice President, any Assistant Vice President, any Secretary• any Assistant Secretary and the seal of the Company may be affixed by facsimile to 1
power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attomeys•in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nail
thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsirr
signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached"
I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America. District of Columbia, Puerto Rim, and eac
Provinces of Canada with the exception of Prince Edward Island; and is also duly licensed to become sole surety on bonds, undertakings, etc., permitted or required by law.
1, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the foregoing Power of Attorney is in full force and effect.
Given under my hand and the seal of said Company at Warren, NJ., this 19th day of SEPTrElvBER , 19 90
Assistant Secretary
FEDERAL INSURANCE COMPANY
STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS
Statutory Basis
DECEMBER 31, 1989
(in thousands of dollars)
ASSETS
United States Treasury Bonds ..........
$ 369,271
United States Government and Federal
Agency Guaranteed Bonds...........
322,546
State and Municipal Bonds ............
1,876,348
Other Bonds ........................
451,754
Common Stocks .....................
268,469
Preferred Stocks .....................
240
Other Invested Assets .................
57,838
Short Term Investments ...............
33,333
Real Estate .........................
5,429
TOTAL INVESTMENTS ..............
3,385,228
Investments in Affiliates:
Vigilant Insurance Company .........
173,621
Great Northern Insurance Company ...
55,990
Pacific Indemnity Company ..........
288,784
Bellemead Development Corporation ...
336,518
C.C. Canada Holdings Ltd ...........
62,616
Other ............................
46,140
Cash ..............................
13,121
Net Premiums Receivable .............
428,505
Reinsurance Recoverable on Paid
Losses ...........................
45,982
Other Assets ........................
137,576
TOTAL ADMITTED ASSETS ..........
$ 4,974,081
LIABILITIES
AND
SURPLUS TO POLICYHOLDERS
Outstanding Losses and Loss Expenses.. $ 2,668,438
Unearned Premiums ..................
833,581
Accrued Expenses ...................
74,351
Non -Admitted Reinsurance .............
42,658
Dividends to Policyholders .............
23,840
Loss Portfolio Transfer ................
(141,624)
Other Liabilities ......................
180,214
TOTAL LIABILITIES ................. 3,681,458
Capital Stock ........................
13,987
Paid -in Surplus ......................
472,986
Unassigned Funds ...................
457,187
Unrealized Appreciation of Investments ..
348,463
SURPLUS TO POLICYHOLDERS .....
1,292,623
TOTAL LIABILITIES AND SURPLUS
TO POLICYHOLDERS ............. $ 4,974,081
Investments are valued in accordance with requirements of the National Association of Insurance Commissioners.
Investments valued at $8,014 are deposited with government authorities as required by law.
A CORRECT STATEMENT:
__Z449A-.e
Assistant §brretary or Attorney -in -Fact
GRAYCt BRATTON, AT_10R1"-1EY'-1'N-FACT
Form 27-10-0073 (Rev. 4-90)
PRINTED
M-09193 (45M) us.A.
v-
PAYMENT BOND
-13-
(This page left blank intentionally)
STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS
AS AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION,
1959
KNOW ALL MEN BY THESE PRESENTS, that
(hereinafter called the Principal(s), as
Principal(s), and
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter
-- called the Obligee), in the amount of Dollars ($ ) lawful money of
the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, adminis-
trators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of
, 19_, to
r
and said Principal under the law is required before commencing the work provided for in said contract to execute a
bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the
same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants
supplying labor and material to him or a sub -contractor in the prosecution of the work provided for in said con-
tract, then, this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised
Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on
this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were
—' copied at length herein.
-14-
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this
day of 19—
Surety
Principal
By:
*By:
(Title)
By:
By
(Title)
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby des-
ignates an agent resident in Lubbock County to whom any requisite notices may be delivered and
on whom service of process may be had in matters arising out of such suretyship.
Surety
Approved as to form:
City of Lubbock
By:
City Attorney
*gy:
(Title)
*Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws
showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy
of power of attorney for our files.
-15-
PERFORMANCE BOND
-16-
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STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY
T" ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959
KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter
called the Obligee), in the amount of Dollars (S ) lawful money of the
United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administra-
tors, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the _ day of
19_, to
and said principal under the law is required before commencing the work provided for in said contract to execute a
bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the
same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully per-
form the work in accordance with the plans, specifications and contract documents, then this obligation shall be
" void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised
Civil Statutes of Texas as amended by Acts of the 56th Legislature, regular session 1959, and all liabilities on
this bond shall be determined in accordance with the provisions of said article to the same extent as if it were
copied at length herein.
.� IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this _
day of , 19_
Surety
Principal
By:
(Title)
*By:
(Title)
By:
(Title)
-17-
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship.
Surety
Approved as to Form
City of Lubbock
By:
City Attorney
By:_
(Title)
*Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws
showing that this person has authority to sign such obligation. if signed by an Attorney in Fact, we must have copy
of power of attorney for our files.
MF-z
CERTIFICATE OF INSURANCE
-19-
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Certificate of Insurance
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN
INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW.
#91-0015S
This is to Certify that 068 IF 350 & 351 LIBERTY
F—DOVER CORPORATION MUTUALb
DOVER ELEVATOR COMPANY Name and
-4 address of
POST OFFICE BOX 2177
Insured.
MEMPHIS, TENNESSEE 38101
is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subject
to all their terms, exclusions and conditions and is not altered by any requirement, term or condition of any contract or other document with respect to
which this certificate may be issued.
CERT. EXP. DATE'
TYPE
❑ CONTINUOUS
POLICY
LIMIT
OF
POLICY
0 EXTENDED
NUMBER
LIABILITY
❑ POLICY TERM
COVERAGE AFFORDED UNDER W.C.
EMPLOYER'S LIABILITY
LAW OF THE FOLLOWING STATES:
Bodily Injury By Accident
WORKERS'
WC2-621-004855-02
CALIFORNIA`
$500,Ea. Acc. .
Bodily Injurryy B By Disease
WC1-621-004855-15
MASSACHUSETTS
COMPENSATION
WC2-621-004112-16
ALL STATES EXCEPT
$500,000 Ea. Person
1/1/94
MAINE & MONOPOLISTIC
Bodily Injury By Disease
STATE FUND STATES
$500,000 Pol. Limit
General Aggregate -Other than Products/Completed Operations
1/1/94
RGI-621-004855-03
$15,000,000
Products/Completed Operations Aggregate
$10,000,000
Bodily Injury and Property Damage Liability
_J
Q
w
z
❑ CLAIMS MADE
$5,000,000 per occurrence
Personal and Advertising Injury
W
RETRO DATE
(g H
� :
per person/
INCLUDED organization
ganization
Q m
V Q
Other
w
POLICY INCLUDES CONTRACTUAL LIABILITY, PRODUCTS/
COMPLETED OPERATIONS, INDEPENDENT CONTRACTORS/
a❑X
OCCURRENCE
CONTRACTORS PROTECTIVE, BROAD FORM VENDORS
SPECIAUEXCL.
ENDORSEMENTS
>
❑X OWNED
$ 2,000,000 EACH ACCIDENT -SINGLE LIMIT-B.I. AND P.D. COMBINED
O J
~
AS1-621-004855-05
$ EACH PERSON
—
❑X NON -OWNED
1/1/94
AS1-621-004112-21
¢_
AS1-621-004112-80
EACH ACCIDENT
EACH ACCIDENT
�
❑X HIRED
$ OR OCCURRENCE
$ OR OCCURRENCE
cc
w
'COVERAGE IS INCLUDED FOR EXPLOSION, COLLAPSE AND UNDERGROUND DAMAGE, PERSONAL INJURY AND BROAD FORM
F
PROPERTY DAMAGE. INSURED INCLUDES ANY PERSON OR ENTITY FOR WHOM THE NAMED INSURED HAS AGREED IN WRITING
O
TO PROVIDE LIABILITY INSURANCE, BUT ONLY WITH RESPECT TO OPERATIONS OF THE NAMED INSURED.
LOCATION(S) OF OPERATIONS & JOB # (If Applicable)
DESCRIPTION OF OPERATIONS:
ELEVATOR INSTALLATION, SERVICING AND REPAIR OPERATIONS.
I
ALL LOCATIONS
n the certificate expiration ante Is continuous or extenaea term, you will De notlnea it coverage is terminatea or reaucea Detore the Certiticate expiration
.., date. However, you will not be notified annually of the continuation of coverage. Liberty Mutual
NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR REDUCE "EMPLOYERS LIABILITY Insurance Group
THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS 30 DAYS BI BY ACCIDENT $1,000,000 EA. ACCID.
NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN MAILED TO: BI BY DISEASE $1,000,000 EA. PERSON
BI BY DISEASE $1,000,000 POL.LIMIT
_City of Lubbock
CERTIFICATE Attn: Accounts Payable
HOLDER — P 0 BOX 2000 AUTHO Z RE RESENTATIVE
Lubbock -TX 79401 FeLary 1, 1991 NYO
DATE ISSUED OFFICE
This certificate is. executed by LIBERTY. MUTUAL INSURANCE GROUP as respects such insurance as is afforded by Those Companies BS772S R4 Special
(This page left blank intentionally)
r-
CONTRACT
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CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
.., THIS AGREEMENT, made and entered into this 6th day of December, 1990, by and between the City of Lubbock,
County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so,
hereinafter referred to as OWNER, and Dover Elevator, Co., of the City of MIDLAND, County of MIDLAND and the State
of TEXAS, hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CON-
TRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as fol-
lows:
BID #10788-ESCALATOR & ELEVATOR MAINTENANCE FOR LUBBOCK MUNICIPAL BUILDINGS IN THE AMOUNT OF $19,674.000.
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or
their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence,
labor, insurance and other accessories and services necessary to complete the said construction in accordance with
the contract documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have
been given to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with
the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to
make payment on account thereof as provided,therein.
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County,
Texas in the year and day first above written.
AS TO CONTENT:
APPROVED AS T ORM:
AA
ATTEST:
Corporate Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
a
By:
MAYOR
Dover Elevator Company
CONTRACTOR
MAIRYVII EM $TM
TITLE: CONTRACTAiVALM
COMPLETE ADDRESS: I " 0 1 ? ! p09!
906 S. Big Spring Road
Midland, TX 79702
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P-.
GENERAL CONDITIONS OF THE AGREEMENT
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GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this con-
tract, it shall be understood as referring to the City of Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall
be understood to mean the person, persons, co -partnership or corporation, to -wit: Dover Elevator, Co. , who
" has agreed to perform the work embraced in this contract, or to his or their legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood
as referring to JERRY SMITH, DIRECTOR OF BUILDING SERVICES, City of Lubbock, under whose supervision these
contract documents, including the plans and specifications, were prepared, and who will inspect construc-
tions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act
in any particular under this agreement. Engineers, supervisor or inspectors will act for the Owner under
the direction of Owner's Representative, but shall not directly supervise the Contractor or men acting in
�.. behalf of the Contractor.
4. CONTRACT DOCUMENTS
The contract documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal,
Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of
the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available
to Bidder for his inspection in accordance with the Notice to Bidders.
5. INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary,", "Prescribed,"
or words of like import are used, it shall be understood that the direction, requirement, permission, order,
designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved,"
"Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory
to the Owner's Representative.
—+ Whenever in the Specifications or drawings accompanying this agreement, the terms of description of various
qualities relative to finish, workmanship, or other qualities of similar kind which cannot, from their na-
ture, be specifically and clearly described and specified, but are necessarily described in general terms,
the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the
fulfillment of said Specifications shall be decided by the Owner's Representative, and said work shall be
done in accordance with his interpretations of the meaning of the words, terms, or clauses defining the
character of the work.
6. SUBCONTRACTOR
�. The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor
for performance of work on the project contemplated by these contract documents. Owner shall have no re-
sponsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated
by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments
due Subcontractor.
-24-
7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a
member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent
certified mail to the last business address known to him who gives the notice.
S. WORK
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and
all other facilities necessary for -the execution and completion of the work covered by the contract docu-
ments. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be
of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and
quality of materials. Materials or work described in words which so applied have well known, technical or
trade meaning shall be held to refer such recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract docu-
ments has been made suitable for use or occupancy or the facility is in a condition to serve its intended
purpose, but still may require minor miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and
shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative
will check the Contractor's layout of all major structures and any other layout work done by the Contractor
at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly
Locating all work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense
to him and he shall keep one copy of same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress of quality of the
executed work and to determine, in general, if the work is proceeding in accordance with the contract docu-
ments. He will not be required to make exhaustive or continuous on -site inspections to check the quality or
quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequences
or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing
assurances for the Owner that the completed project will conform to the requirements of the contract docu-
ments, but he will not be responsible for the Contractor's failure to perform the work in accordance with
the Contract Documents. On the basis of his on -site observations, he will keep the owner informed of the
progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of
the Contractor.
-25-
13. LINES AND GRADES
_ All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commence-
ment of the work contemplated by these contract documents or the completion of the work contemplated by
these contract documents. Whenever necessary, Contractor shall suspend his work in order to permit Owner's
Representative to comply with this requirement, but such suspension will be as brief as practical and con-
tractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Repre-
sentative ample notice of the time and place where lines and grades will be needed. All stakes, marks,
etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him,
his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representa-
tive at Contractor's expense.
14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
Representative shall review all work included herein. He has the authority to stop the work whenever such
stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and
disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all
cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this
contract. He shall determine all questions in relation to said work and the construction thereof, and
shall, in all cases, decide every question which may arise relative to the execution of this contract on the
part of said Contractor. The Owner's Representative's estimates and findings shall be conditions precedent
to the right of the parties hereto to arbitration or to any action on the contract, and to any rights of the
Contractor to receive any money under this contract; provided, however, that should Owner's Representative
render any decision or give any direction, which in the opinion of either party hereto, is not in accordance
with the meaning and intent of this contract, either party may file with said Owner's Representative within
30 days his written objection to the decision or direction so rendered, and by such action may reserve the
right to submit the questions so raised to arbitration as hereinafter provided. It is the intent of this
Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direc-
tion of the Owner's Representative as rendered shall be promptly carried out, and any claim arising there-
from shall be thereafter adjusted to arbitration as hereinafter provided.
The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the
-, Contractor a written decision on all claims of the parties hereto and on all questions which may arise rela-
tive to the execution of the work or the interpretation of the contract, specifications and plans. Should
the Owner's Representative fail to make such decision within a reasonable time, an appeal to arbitration may
r-
be taken as if his decision had been rendered against the party appealing.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint
from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative
may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that
said material is furnished and said work is done in accordance with the specifications therefore. The Con-
tractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors
or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey
the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when
such directions and instructions are consistent with the obligations of this Agreement and accompanying
plans and specifications provided, however, should the Contractor object to any orders by any subordinate
engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's
r-» Representative for his decision.
-26-
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and
shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all
satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence
and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by
competent and reasonable representatives of the Contractor is essential to the proper performance of the
work and lack of such supervision shall be grounds for suspending operations of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the Con-
tractor and all risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or
any subcontractors, or any of his agents or employees, or any other persons performing any of the work.
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the na-
ture and location of the work, the confirmation of the ground, the character, quality and quantity of mate-
rials to be encountered, the character of equipment and facilities needed preliminary to and during the
prosecution of the work, and the general and local conditions, and all other matters which in any way effect
the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of
the Owner, either before or after the execution of this contract, shall effect or modify any of the terms or
obligations herein contained.
18. CHARACTER Of WORKMEN
The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of
work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall
inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or dis-
orderly, such man or men shall be discharged from the work and shall not again be employed on the work with-
out the Owner's Representative's written consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecu-
tion and completion of this contract where it is not otherwise specifically provided that Owner shall fur-
nish same, and it is also understood that Owner shall not be held responsible for the care, preservation,
conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it
is finally completed and accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the
Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure
shall at all times be maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public ob-
servation, shall be constructed and maintained by the Contractor in such manner and at such points as shall
be approved by the Owner's Representative and their use shall be strictly enforced.
-27-
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the
work. Contractor shall make necessary arrangements and provide proper facilities and access for such obser-
vation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain
the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give am -
pie notice as to the time each part of the work will be ready for such observation. Owner or Owner's Rep-
resentative may reject any work found to be defective or not in accordance with the contract documents, re-
gardless of the stage of its completion or the time or place of discovery of such errors and regardless of
r-
whether Owner's Observer has previously accepted the work through oversight or otherwise. If any work
should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Repre-
sentative, be uncovered for examination at Contractor's expense. In the event that any part of the work is
being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representa-
tive to make observations of such work or require testing of said work, then in such event owner or Owner's
Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection,
testing or approval made by persons competent to perform such tasks at the location where that part of the
�. work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed
by the American Society for Testing and Materials or such other applicable organization as may be required
by law or the contract documents.
If any work which is required to be inspected, tested, or approved is covered up without written approval or
consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representa-
tive, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspec-
tions, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work
which fails to meet the requirements of any such tests, inspections or approval, and any work which meets
the requirements of any such tests or approval but does not meet the requirements of the contract documents
shall be considered defective. Such defective work shall be corrected at the Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by
Owner, Owner's Representative, or other persons authorized under this agreement to make such inspections,
tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with
the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is further agreed that if the work or any part thereof, or any material brought on the site of the work
for use in the work or selected for the same, shall be deemed by the Owner or Owners' Representative as un-
suitable or not in conformity with plans, specification and contract documents, the Contractor shall, after
receipt of written notice thereof from the Owner's Representative, forthwith remove such material and re-
build or otherwise remedy such work so that it shall be in full accordance with this contract. It is fur-
ther agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit,
in the line, grade, form dimensions, plans or or materials for the work herein contemplated, or any part
thereof, either before or after the beginning of the construction, without affecting the validity of this
contract and the accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the
basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they in-
crease the amount of work, and the increased work can fairly be classified under the specifications, such
increase shall be paid according to the quantity actually done and at the unit price established for such
work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In
-28-
case the Owner shall make such changes or alterations as shall make useless any work already done or mate-
riaL already furnished or used in said work, then the Owner shall recompense the Contractor for any material
or Labor so used, and for any actual Loss occasioned by such change, due to actual expenses incurred in
preparation for the work as originally planned.
24. EXTRA WORK
The term "extra work" as used in this contract shaLL be understood to mean and include aLL work that may be
required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, al-
teration or addition to the work as shown on the plans and specifications or contract documents and not cov-
ered by Contractor's proposal, except as provided under Changes and Alterations herein.
It is agreed that the Contractor shaLL perform all extra work under the direction of the Owner's Representa-
tive when presented with a written work order signed by the Owner's Representative; subject, however, to the
right of the Contractor to require written confirmation of such extra work order by the Owner. It is also
agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined
by the foLLowing methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed Lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is com-
menced, then the Contractor shaLL be paid the actual field cost of the work, plus
fifteen (15%) per cent.
In the event said extra work be performed and paid for under Method (C), then the provisions of this para-
graph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as
foremen, timekeepers, mechanics and Laborers, materials, supplies, teams, trucks, rentals on machinery and
equipment, for the time actuaLLy employed or used on such extra work, plus actual transportation charges
necessarily incurred, together with all expenses incurred directly on account of such extra work, including
Social Security, OLd Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workmen's
Compensation and all other insurances as may be required by Law or ordinances or directed by the Owner or
Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts
of the actual field cost shaLL be kept and records of these accounts shaLL be made available to the Owner's
Representative. The Owner's Representative may also specify in writing, before the workcommences, the
method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these mat-
ters shaLL be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machin-
ery and equipment shaLL be determined by using 100%, unless otherwise specified, of the Latest Schedule of
Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical,
the terms and prices for the use of machinery and equipment shaLL be incorporated in the written extra work
order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and com-
pensate him for his profit, overhead, general superintendence and field office expense, and all other ele-
ments of cost and expense not embraced within the actual field cost as herein defined, save that where the
Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost
to maintain and operate the same shaLL be included in the "actual field cost."
No claim for extra work of any kind witL be aLLowed unless ordered in writing by Owner's Representative. In
case any orders or instructions appear to the Contractor to involve extra work for which he should receive
compensation or an adjustment in the construction time, he shalt make written request to the Owner's Repre-
sentative for a written order authorizing such extra work. Should a difference of opinion arise as to what
does or does not constitute extra work or as to the payment therefore, and the Owner's Representative in-
sists upon its performance, the Contractor shall proceed with the work after making written request for
written order and shall keep adequate and accurate account of the actual field cost thereof, as provided
under Method (C). The Contractor wiLL thereby preserve the right to submit the matter of payment to arbi-
tration as herein below provided.
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25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of this contract that all work described in the proposal, the
specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor
and that such price shall include all appurtenances necessary to complete the work in accordance with the
intent of these contract documents as interpreted by owner's Representative. If the Contractor finds any
discrepancies or omissions in these plans, specifications, or contract documents, he should notify the
Owners' Representative and obtain a clarification before the bids are received, and if no such request is
received by the Owner's Representative prior to the opening of bids, then it shall be considered that the
Contractor fully understands the work to be included and has provided sufficient sums in his proposal to
.� complete the work in accordance with these plans and specifications. It is further understood that any re-
quest for clarification must be submitted no later than five days prior to the opening of bids.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the
quality of work with the rate of progress required under this contract, the Owner or Owner's Representative
may order the Contractor in writing to increase their safety or improve their character and efficiency and
the Contractor shall comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein speci-
fied, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an
extent as to give reasonable assurance of compliance with the schedule of progress.
27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an
insurance company licensed to transact business in the State of Texas, which policy shall comply with the
Workmen's Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable
precaution for the safety of employees and others on or near the work and shall comply with all applicable
provisions of federal, state and municipal laws and building and construction codes. All machinery and
equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention
in Construction" of Associated General Contractors of America, except where incompatible with federal, state
or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indem-
nify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or
claims of any character whatsoever, brought for or on account of any injuries or damages received or sus-
tained by any person or persons or property, on account of any negligent act or fault of the Contractor or
any subcontractor, their agents or employees, in the execution and supervision of said contract, and the
project which is the subject matter of this contract, on account of the failure of Contractor or any subcon-
tractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment
with costs which may be obtained against the Owner or any of its officers, agents, or employees including
attorney's fees.
The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as
an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be
given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work pro-
gresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assump-
, tion of duty to supervise safety precautions by either the Contractor or any of his subcontractors.
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28. CONTRACTOR'S INSURANCE
The Contractor shall procure and carry at his sole cost and expense through the life of this contract, in-
surance protection -as hereinafter specified. Such insurance shall be carried with an insurance company au-
thorized to transact business in the State of Texas and shall cover all operations in connection.with this
contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided
covering the operation of each subcontractor.
A. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $300,000 Bodily
Injury and $300,000 Property Damage per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion "c" waived)
The City is to be named as an additional insured on this policy for this specific job, and copy of
the endorsement doing so is to be attached to the Certificate of Insurance.
B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy
naming the City of Lubbock,as insured and the amount of such policy shall be as follows
For bodily injuries, including accidental death, $500,000 per occurrence, and $100,000 for Property
Damage.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury $250/500,000
Property Damage $100,000
to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -
owned Vehicles. The City is to be named as an additional insured on this policy for this specific
job and copy of the endorsement doing so is to be attached to the Certificate of Insurance.
D. Builder's Risk Insurance
The Contractor shall obtain a Builder's Risk policy in the amount of (100% of poten-
tial loss) naming the City of Lubbock as insured.
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E. Excess or Umbrella Liability Insurance
The Contractor shall have Excess or Umbrella Liability Insurance in the amount of
($1,000,000 minimum) with coverage to correspond with Comprehensive General Liability and Comprehen-
sive Automobile Liability coverages.
�+ The City is to be named as an additional insured on this policy for this specific job and copy of
the endorsement doing so is to be attached to the Certificate of Insurance.
F. Worker's Compensation and Employers Liability Insurance
As required by State statute covering all employees, whether employed by the Contractor or any Sub-
contractor on the job with Employers Liability of at least $100,000 limit.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the
Owner for approval five Certificates of Insurance covering each insurance policy carried and
offered as evidence of compliance with the above insurance requirements, signed by an authorized
representative of the insurance company setting forth:
(1) The name and address of the insured.
�— (2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne
by such certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the
date borne by such certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named in-
sured at the address shown in the bid specifications.
(6) A provision that written notice shall be given to the City ten days prior to any change in
or cancellation of the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) con-
tained in the job specifications. No substitute of nor amendment thereto will be accept-
able.
29. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY EQUIPMENT
AND SUPPLIES
The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any
demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts
thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the
performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence
that all obligations of the nature hereinabove designated have been paid, discharged or waived.
�— If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by
any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness
within five (5) days after demand is made, then Owner may, during the period for which such indebtedness
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shall remain unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such
unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness.
Any and all communications between any party under this paragraph must be in writing.
30. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The contractor shall pay all royalties and License fees, and shall provide for the use of any design, de-
vice, material or process covered by letters patent or copyright by suitable legal agreement with the Paten-
tee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or
copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that
Owner shall defend all such suits and claims and shall be responsible for all such Loss when a particular
design, device, material or process or the product of a particular manufacturer or manufacturers is speci-
fied or required in these contract documents by owner; provided, however, if choice of alternate design, de-
vice, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harm-
less from any loss on account thereof. If the material or process specified or required by Owner is an in-
fringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the
Owner of such infringement.
31. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and
regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the
Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether
by the Contractor or his employees. If the Contractor observes that the plans and specifications are at
variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes
shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work
knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the
Owner's Representative, he shall bear all costs arising therefrom.
The owner is a municipal corporation of the State of Texas and the law from which it derives its powers, in-
sofar as the same regulates the objects for which, or the manner in which, or the conditions under which the
Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to
the same effect as though embodied herein.
32. ASSIGNMENT AND SUBLETTING
The Contractor further agrees that he will retain personal control and will give his personal attention to
the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature
of the work, or materials required in the performance of this contract, shall not relieve the Contractor
from his full obligations to the Owner, as provided by this contractual agreement.
33. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of
beginning and time for completion as specified in the contract of work to be done hereunder are essential
conditions of this contract; and it is further mutually understood and agreed that the work embraced in this
contract shall be commenced on a date to be specified in the Notice to Proceed.
If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or
any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the con-
sideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total
compensation, the sum of $000.00 PER DAY, not as a penalty, but as liquidated damages for the breach of the
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damages for the breach of the contract as herein set forth for each and every calendar day that the
Contractor shall be in default after the time stipulated for completing the work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the com-
pletion of the work described herein is reasonable time for the completion of the same, taking into consid-
eration the average climatic change and conditions and usual industrial conditions prevailing in this Local-
ity.
The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impractica-
bility and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sus-
tain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from
current periodical estimates for payments or from final payment.
It is further agreed and understood between the Contractor and owner that time is of the essence of this
contract.
34. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Con-
tractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and
in such manner as shall be most conductive to economy of construction; provided, however, that the order and
time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in
accordance with this contact, the plans and specifications, and within the time of completion designated in
the proposals; provided, also, that when the Owner is having other work done, either by contract or by his
own force, the Owner's Representative may direct the time and manner of constructing work done under this
contract so that conflicts will be avoided and the construction of the various works being done for the
Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative,
schedules which shall show the order in which the Contractor proposes to carry on the work, with dates at
which the Contractor will start the several parts of the work and estimated dates of completion of the sev-
eral parts.
35. EXTENSION OF TIME
The Contractor agrees that he has submitted his proposal in full recognition of the time required for the
completion of this project, taking into consideration the average climatic range and industrial conditions
prevailing in this locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove
set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract,
except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees
of the Owner or other contractors employed by the owner, or by changes ordered in the work, or by strike,
walkouts, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an ex-
tension of time, submitting therewith all written justification as may be required by Owner's Representative
for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after re-
ceipt of a written request for an extension of time by the Contractor supported by all requested docu-
mentation shall then submit such written request to the City Council of the City of Lubbock for their con-
sideration. Should the Contractor disagree with the action of City Council on granting an extension of
.� time, such disagreement shall be settled by arbitration as hereinafter provided.
36. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within
the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays in-
cident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge
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shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of
the work embraced in this contract except where the work is stopped by order of the Owner or Owner's
Representative for the Owner's convenience, in which event, such expense as in the judgment of the Owner's
Representative that is caused by such stoppage shall be paid by Owner to Contractor.
37. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length,
area, solid contents, number and weight only shall be considered, unless otherwise specifically provided.
In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract,
including the specifications, plans and other contract documents are intended to show clearly all work to be
done and material to be furnished hereunder. Where the estimated quantities are shown for the various
classes of work to be done and material to be furnished under this contract, they are approximate and are to
be used only as a basis for estimating the probable cost of the work and for comparing their proposals of-
fered for the work. It is understood and agreed that the actual amount of work to be done and the materials
to be furnished under this contract may differ somewhat from these estimates, and that where the basis for
payment under this contract is the unit price method, payment shall be for the actual amount of work done
and materials furnished on the project.
38. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any
way encountered, which may be injured or seriously affected by any process of construction to be undertaken
under this agreement, from any damage or injury by reason of said process of construction; and he shall be
Liable for any and all claims for such damage on account of his failure to fully protect all adjacent
property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims
for damages due to any injury to any adjacent or adjoining property, arising or growing out of the perfor-
mance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the exis-
tence or character of the work.
39. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all
work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity
with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price
set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor
hereby agrees to receive such price in full for furnishing all materials and all labor required for the
aforesaid work, also, for all expenses incurred by him and for well and truly performing the same and the
whole thereof in the manner and according to this agreement, the attached specifications, plans, contract
documents and requirements of Owner's Representative.
40. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the
contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of de-
fective work. Contractor shall at any time requested during the progress of the work furnish the Owner or
Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness
in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or
otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the con-
tract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all
claims against Owner which have not theretofore been timely filed as provided in this contract.
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41. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an applica-
tion for partial payment. Owner's Representative shall review said application for partial payment and the
progress of the work made by the Contractor and if found to be in order shall prepare a certificate for par-
tial payment showing as completely as practical the total value of the work done by the Contractor up to and
including the last day of the preceding month; said statement shall also include the value of all sound ma-
terials delivered on site of the work that are to be fabricated into the work.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount
of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5%
shall be retained until final payment, and further, less all previous payments and all further sums that may
be retained by Owner under the terms of this agreement. it is understood, however, that in case the whole
work be near to completion, and this fact is certified to by Owner's Representative and some unexpected and
some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon
written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained per-
centage due Contractor.
42. FINAL COMPLETION AND ACCEPTANCE
.� Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that
the work has been completed or substantially completed, the Owner's Representative and the Owner shall in-
spect the work and within said time, if the work be found to be completed or substantially completed in ac-
cordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his
certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (31) days to
issue a certificate of acceptance of the work to the Contractor.
43. FINAL PAYMENT
Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final
measurement and prepare a final statement of the value of all work performed and materials furnished under
the terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or be-
fore the 31st day after the date of certificate of completion, the balance due Contractor under the terms of
this agreement, provided he has fully performed his contractual obligations under the terms of this con-
tract; and said payment shall become due in any event upon said performance by the Contractor. Neither the
certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve
the Contractor of the obligation for fulfillment of any warranty which may be required in the special condi-
tions (if any) of this contract or required in the specifications made a part of this contract.
44. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative
on account of failure to conform to the contract, whether actually incorporated in the work or not, and Con-
tractor shall at his own expense promptly replace such condemned materials with other materials conforming
to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other
contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such
condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative,
Owner may remove and replace it at Contractor's expense.
45. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of
responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for
any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the
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date of substantial completion. The Owner or the Owner's Representative shall give notice of observed de-
fects with reasonable promptness.
46. PAYMENT WITHHELD
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any
certificate to such extent as may be necessary to protect himself from loss on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner,
which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of
them.
47. TIME OF FILING CLAIMS
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the
Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) days after the
Owner's Representative has given any directions, order or instruction to which the Contractor desires to
take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and
render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's
Representative, any demand for arbitration shall be filed with the Owner's Representative and the Owner in
writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's
Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by
the Contractor of the final payment shall be a bar to any claim by either party, except where noted other-
wise in the contract documents.
48. ARBITRATION
All questions of dispute under this agreement shall be submitted to arbitration at the request of either
party to the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; one named
in writing by each party and the third chosen by the two arbiters selected; or if the arbiters fail to se-
lect a third within ten (10) days, he shall be chosen by the District Judge, 72nd Judicial District of
Texas. Each arbiter shall be a resident of the City of Lubbock. Should the party demanding arbitration
fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the de-
cision of the owner's Representative shall be final and binding on him. Should the other party fail to
choose an arbiter within ten (10) days, the Owner's Representative shall appoint such arbiter. Should ei-
ther party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the
arbiters are empowered by both parties to take Ex Parte Proceedings.
The arbiters shall act with promptness. The decisionofany two shall be binding on both parties to the
contract, unless either or both parties shall appeal within ten (10) days from date of the award by the ar-
biters, and it is hereby agreed that each party shall have the right of appeal and all proceedings shall be
according to and governed by Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated
Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT
SHALL BE A CONDITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION.
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The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sus-
tained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the
appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The ar-
biters shall fix their own compensation, unless otherwise provided by agreement, and shalt assess the costs
and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writ-
ing and shall not be open to objection on account of the form of proceedings or award.
49. ABANDONMENT BY CONTRACTOR
^ In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written
notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the or-
ders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or
the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to
complete the work and a copy of said notice shall be delivered to the Contractor.
After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery,
equipment, tools, materials or supplies then on the job, but the same, together with any materials and
equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the
Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any
rental or credit therefore (except when used in connection with Extra work, where credit shall be allowed as
provided for under paragraph 24 of this contract); it being understood that the use of such equipment and
materials will ultimately reduce the cost to complete the work and be reflected in the final settlement.
In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided
for within ten (10) days after service of such notice, then the owner may provide for completion of the work
in either of the following elective manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and sup-
plies as said owner may deem necessary to complete the work and charge the expense of such labor,
machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged
shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at
any time become due to the Contractor under and by virtue of this Agreement. In case such expense
is less than the sum which would have been payable under this contract, if the same had been com-
pleted by the Contractor, then said Contractor shall receive the difference. In case such expense
is greater than the sum which would have been payable under this contract, if the same had been com-
pleted by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess
to the Owner; or
(b) The owner, under sealed bids, after notice published as required by law, at least twice in a newspa-
per having a general circulation in the County of location of the work, may let the contract for the
completion of the work under substantially the same terms and conditions which are provided in this
contract. In case of any increase in cost to the Owner under the new contract as compared to what
would have been the cost under this contract, such increase shall be charged to the Contractor and
the Surety shall be and remain bound therefore. However, should the cost to complete any such new
contract prove to be less than that which would have been the cost to complete the work under this
contract, the Contractor or his Surety shall be credited therewith.
when the work shall have been substantially completed, the Contractor and his Surety shall be so notified
and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be
issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as
being correct shall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or
his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within
30 days after the date of certificate of completion.
^
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In the event the statement of accounts shows that the cost to complete the work is less than that which
would have been the cost to the Owner had the work been completed by the Contractor under the terms of this
contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the
owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be
turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract
price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated
hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the
work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the
Contractor and his Surety at the respective addresses designated in this contract; provided, however, that
actual written notice given in any manner will satisfy this condition. After mailing, or other giving of
such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the
duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date
of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net
sum derived from such sale to the credit of the Contractor and his Surety. Such sale may made at either
public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machin-
ery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than
the Contractor or his Surety, to their proper owners.
50. ABANDONMENT BY OWNER
In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply
with said terms within ten (10) days after written notification by the Contractor, then the Contractor may
suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all
materials on the ground that have not been included in payments to the Contractor and have not been incorpo-
rated into the work. Thereupon, the Owner's Representative shall make an estimate of the total amount
earned by the Contractor, which estimate shall include the value of all work actually completed by said Con-
tractor at the prices stated in the the attached proposal, the value of all partially completed work at a
fair and equitable price, and the amount of all Extra work performed at the prices agreed upon, or provided
for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Con-
tractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative
shall then make a final statement of the balance due the Contractor by deducting from the above estimate all
previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this
Agreement, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days
after the date of the notification by the Contractor the balance shown by said final statement as due the
Contractor, under the terms of this Agreement.
51. BONDS
The successful bidder shall be required to furnish a performance bond and payment bond in accordance with
Article 5160, Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the
event said contract price exceeds $25,000.00. If the contract price does not exceed $25,000.00, the statu-
tory bonds will not be required. All bonds, if required, shall be submitted on forms supplied by the Owner,
and executed by an approved Surety Company authorized to do business in the State of Texas. And it is fur-
ther agreed that this contract shall not be in effect until such bonds are so furnished.
52. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special con-
ditions conflict with any of the general conditions contained in this contract, then in such event the
special conditions shall control.
-39-
53. LOSSES FROM NATURAL CAUSES
Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the
work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution
of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the
work, shall be sustained and borne by the Contractor at his own cost and expense.
54. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and au-
thority to direct, supervise, and control his own employees and to determine the method of the performance
of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to ob-
serve Contractor's work during his performance and to carry out the other prerogatives which are expressly
reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at
any time change or effect the status of the Contractor as an independent contractor with respect to either
the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or
.— corporation.
55. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and
at the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus
materials and shall Leave the work room clean or its equivalent. The work shall be left in good order and
condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor.
-40-
(This page left blank intentionally)
CURRENT WAGE DETERMINATIONS
-41-
(This page left blank intentionally)
a--
SPECIFICATIONS
-42-
(This page left blank intentionally)
SPECIFICATIONS
FOR
ESCALATOR AND ELEVATOR MAINTENANCE
OF
THE LUBBOCK MUNICIPAL BUILDINGS
CITY OF LUBBOCK
-- OFFICE OF PURCHASING MANAGER
1990
r�
TECHNICAL SPECIFICATIONS
FOR
TOTAL MAINTENANCE SERVICE
OF
ESCALATORS AND ELEVATORS
FOR
LUBBOCK MUNICIPAL BUILDINGS
LUBBOCK, TEXAS
r-.
P--
I. SCOPE
A. Preventive and predictive maintenance service shall be pro-
vided by the Contractor on all equipment and associated
devices related to the Escalators and Elevators as outlined,
within the specifications for a period of two years.
B. The Contractor shall furnish all personnel, components,
replacement parts, materials, test equipment, tools, and
services in conformance with the terms and conditions as
outlined below.
II. ESCALATOR/ELEVATOR SERVICE
A. Equipment Included
1. The specified quantities, size and model numbers (if
known) of the major pieces of equipment are listed sepa-
rately on the equipment list.
2. The preventive and predictive maintenance and the
responsibility of the Contractor shall not be limited
only to these major pieces of equipment as shown on the
equipment list, but shall also include all associated
devices and systems. as listed below that are related to
the Escalator and Elevator System(s).
a. Escalator System
Machine, worm, gear, drive chains, step chains,
tracks controllers and sprockets, bearings, rotating
elements.
Motors and related electrical components such as
contacts, relays, coils, windings, transformers and
fuses, brakes, shoes, linings and related compo-
nents.
Step rollers, safety switches, stop -buttons, exte-
rior panels, exposed surfaces, step treads,
handrails and related equipment.
b. Elevator System
Pumps, pump motor, operating valves, valve motors,
motor windings, leveling valves, plunger packings,
exposed piping, hydraulic fluid tanks.
Controllers, leveling devices and cams, all relays
magnet frames, solid state components, resistors,
condensers, transformers, contacts, leads, timing
devices, motor circuits, operating circuits and rec=
tifiers.
Hoist way door interlocks, hoist way door hangers,
bottom door guides, auxiliary door closing devices
and hoist way switches.
Automatic power operated door operator, car door
hanger, car door contact, door protective device,
car frame, platform, wood platform flooring, tile
floor covering in the elevator car, car guide rails,
car guide shoes, gibs or rollers.
Conductor cables, elevator hoist way wiring and
machine room elevator wiring.
Worm gearing, thrust bearings, drip pan, sheave
shaft bearings, sheave shaft thrust, brakes, cables.
B. Equipment Not Included
1. Maintenance services, including repair, labor and parts
replacement, for portions of the system and equipment
that are non -maintainable or non-moving are not required
nor included as part of this specification.
2. Car enclosure., panels, door panels, plenum chambers,
hung ceilings, light diffusers, light tubes and bulbs,
handrails, mirrors and carpet.
Hoist way enclosures, gates, doors, frames and sills,
buried piping.
Balustrades, escalator lighting, exterior panels of
escalators, skirt and deck panels.
-2-
3. This specification covers all equipment at all locations
in this contract. In the event the system is altered,
changed or if any equipment is added or deleted to meet
system requirements, then their maintenance services
shall be in accordance with this specification.
C_ Service Included
1. The general services listed below shall apply to the
systems and equipment as shown on the Equipment List and
as described in the section entitled "Equipment
Included." Monthly inspections must be performed on all
equipment.
a. Evaluate each piece of equipment and device, see
that it is functioning properly and is in good oper-
ating condition according to industry standards.
b. Clean all components of dust, old lubricants, etc.,
to allow the equipment to function as designed.
c. Lubricate all equipment where needed to permit bear-
ings, gears., and all contact wearing points to oper-
ate freely and without undue wear.
d. Adjust all linkages, motors, drives, etc., that have
�. drifted from initial design settings.
e. Inspect, test, clean, adjust, repair or replace all
safety switches, including, but not limited to stop
buttons, brakes., etc. All operating switches shall
be tested as required by ANSI A-17,. 1 code. Repair
or replace as required.
f. Test and cycle all equipment as a system after it
has been cleaned, lubricated and adjusted to see
that it is in good operational condition.
g. Inspect, clean, lubricate, adjust, repair or replace
escalator machines, all drive chains, step chains,
tracks controllers and sprockets.
h. Inspect, test, clean, lubricate, adjust, repair or
replace all brakes, shoes, linings and related com-
ponents.
-3-
i. Inspect, clean, adjust, lubricate, repair or replace
step rollers. Assure that quiet and smooth opera-
tion follows.
3. In summary, the Contractor shall include:
a. Preventive maintenance
b. Planned maintenance
c. Twenty-four hour emergency service
d. All parts and labor
e. "Fixed" annual cost
D. Parts Replacement
1. All parts, components, or devices for the Escalator/
Elevator Systems as listed above and on the attached
Equipment List that are excessively worn or are not in
proper operational condition shall be repaired, and/or
replaced w.ith new parts, components, or devices.
2. When equipment or parts are replaced in their entirety,
and a newer design of this device is available and is
functionally equivalent and compatible, the device of
the newer design shall be used as the replacement.
3. All repair and replacement parts, components, and
devices for the Escalator/Elevator System shall be sup-
plied by the Contractor and shall be included in the
cost of the service program.
4. The Contractor shall not be made responsible for repairs
necessitated by reason of negligence or misuse of the
equipment by other than the Contractor, or by reason of
any other cause beyond the control of the Contractor
except ordinary wear and tear.
E. Additional Services
For other additional services that apply to this Escala-
tor/Elevator Maintenance section. Contractor shall furnish
hourly rate for services not covered under this contract.
-4-
III. MAINTENANCE PROCEDURES AND RECORDS
A. The Contractor shall provide within the proposal a specific
and detailed plan so as to the proposed methods by which the
maintenance services are to be accomplished.
^^ B. As work is scheduled, the Contractor shall issue, to his me-
chanic on the job, the necessary and appropriate recommended
maintenance procedures and a listing of any special lubri-
cants, tools, etc., that are required for proper maintenance
of the apparatus concerned.
C. The Contractor's administration system shall provide for
continuous updating of maintenance procedures and frequen-
cies from historical data. Breakdown experience and fre-
quency shall determine the on -site material inventory level
and preventive maintenance frequencies.
IV. PREVENTIVE MAINTENANCE AND EMERGENCY SERVICE CALLS
A. The Contractor shall schedule and perform the preventive
maintenance service. Monthly inspections must be performed
on all equipment.
1. After each service call, a service report shall be fur-
nished to Owner's representative.
2. The Contractor shall perform the necessary preventive
maintenance as recommended by the manufacturer of the
equipment, and shall incorporate the listed checks and
functions into his work schedule.
B. The Contractor shall provide each location within this spec-
ification a monthly schedule in advance of services to be
performed by date and time.
1. All labor, overtime, travel costs, parts, supplies, and
other expenses incurred on such a call shall be provided
by the Contractor and shall be included in the cost of
the service program.
2. The Contractor shall be capable of responding to an
emergency situation within three (3) hours.
3. The Contractor shall be on call on a 24-hour basis and
provide a telephone answering service in order to re-
spond to emergency calls.
-5-
EQUIPMENT LIST
Municipal Building, 1625 13th Street, Lubbock, Texas, 79401:
a. Otis Escalator: Model #60ES, Serial #296377 Serves second
floor down to first floor.
b. Otis Escalator: Model #60ES, Serial #210825 - Serves first
floor up to second floor.
c. Otis Escalator: Model HOES, Serial #296378 - Serves first
floor down to basement.
d. Otis Escalator: Model #60ES, Serial #296379 - Serves basement
up to first floor.
e. Otis Elevator: Type LRV3-2000, Serial #405806 - Serves base-
ment to second floor.
f. Otis Freight Elevator: Serial #139106 - Serves sub -basement to
second floor.
Municipal Square, 916 Texas, Lubbock, Texas, 79401:
a. Westinghouse Elevator: Model #28 GRD Passenger Serial
#34711E1 - Basement to second floor.
b. Westinghouse Elevator: Model #28 GRD Passenger, Serial
#34711E2 - Basement to second floor.
Mahon Library, 1306 9th Street, Lubbock, Texas, 79401:
a. Dover Elevator: Model #RB100-20, Serial #46792 - South eleva-
tor.
b. Dover Elevator: Model #RB100-20, Serial #46791 - North eleva-
tor.
Civic Center, 1501 6th Street,. Lubbock, Texas, 79401:
a. Dover Passenger Elevator: Serial #E43676, Capacity - 2,500
lbs.
b. Dover Elevator: Serial #E43677, Capacity - 20,000 lbs. Large
freight serves. main level and basement.
c. Dover Elevator: Serial #E43678, Capacity - 2,500'lbs. Small
freight serves banquet hall on all three levels.
d. Dover Lift for Orchestra Pit: Serial #1481.6.
Lubbock Power and Light, Holly Avenue Power Station, 4210 East Slaton
Road, Lubbock, Texas:
a. Dover Elevator: Type - Traction, Capacity - 1,200 lbs. - Stops
five.
Lubbock International Airport, 6100 N. Quirt, Lubbock, Texas:
a. Dover Passenger: Type 4, Serial #42836 - Serves Southwest Air-
lines Baggage Claim.
b. Dover Passenger: Type 4, Serial #42837 - Serves kitchen area
down to basement.
c. Dover Passenger: Type 4, Serial #42838 - Serves Room #120.
d. Dover Passenger: Type 4, Serial #78544 - Serves first floor,
in front of restaurant, up to Blue Room.
JS:sh
7/17/90
(This page left blank intentionally)
SPECIAL CONDITIONS
-43-
(This page left blank intentionally)
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
806-767-3000
Dover Elevator Company
906 S. Big Spring.
P.O. Box 734
Midland, TX 79702
December 14, 1990
SUBJECT: ESCALATOR & ELEVACTOR MAINTENANCE
The City of Lubbock, having considered the proposals
submitted and opened on the 19th day of September, 1990, for
-- work to be done and materials to be furnished in and for:
City of Lubbock Bid # 10788
Escalator & Elevator Maintenance
for Lubbock Municipal Builing
as set forth in detail in the Specifications, Plans, and
Contract Documents for such work for the City of Lubbock; it
appearing that your proposal is fair, equitable and to the
best interest of said City, please take notice that said
proposal was accepted by the City Council of the City of
Lubbock on the December 6, 1990, at the bid price contained
therein, subject to the execution of and furnishing of all
other documents specified and required to be executed and
furnished under the contract documents. It will be
necessary for you to execute and furnish to the City of
Lubbock all such documents within ten (10) days from your
-� receipt of this Notice.
The five percent (5%) bid security, submitted with your
proposal, will be returned upon the execution of such
contract documents and bonds within the above specified ten
(10) day period. In the event you should fail to execute
and furnish such contract documents and bonds within the
time limit specified, said bid security will be retained by
the City of Lubbock.
CITY OF LUBBOCK
Gene Eads, C.P.M.
Purchasing Manager
(THIS PAGE LEFT BLANK INTENTIONALLY)
P—
T Y OF L U 9 RO CNK
IF ci�
-o-
1911�1/
CITY OF LUBBOCK
Lubbock, Texas 35DII;
a5 ,02 Aol
CITY OF LUBBOCK
MEMO
n
TO: Gene Eads, Purchasing Manager
FROM: Betsy Wood, Assistant Director of Finance
�. SUBJECT: Insurance Requirements for Montgomery Escalator/
Elevator Maintenance
DATE: July 18, 1991
Current policy requires any contractor doing work for the City of
Lubbock to name the City of Lubbock as a co-insured party for the
-- following minimum liability coverages:
(1) Comprehensive General Liability with limits of $300,000 Bodily
Injury and $300,000 Property Damage per occurrence.
(2) Comprehensive Automobile Liability with limits of $250,000 per
occurrence, $500,000 Aggregate, and Property Damage of $100,000.
(3) An umbrella policy with a limit of $1,000,000 minimum.
Montgomery requested that they be allowed to provide the City of Lubbock
a general liability insurance policy naming the City of Lubbock as the
Insured, with a coverage of $2,000,000 in lieu of naming the City as co-
insured on Montgomery's insurance policy.
I reviewed
(a) Montgomery's Financial Statements
(b) City of Lubbock Specifications for Escalator and Elevator
Maintenance
(c) Bid submitted as #10788 Elevator Maintenance for Lubbock
Municipal Building
(d) Correspondence from Montgomery making the offer of a
separate $2,000,000 policy.
I discussed this with Scott Snider. He called Tim Dulin, Vice -President
of Risk Management at Montgomery. His summary of the conversation is
attached.
Based on Scott's discussion with Tim Dulin and a review of the documents
listed above, I believe that the $2,000,000 policy that Montgomery will
purchase and name City of Lubbock as insured is an adequate substitute
for naming City of Lubbock as co-insured on Montgomery's contract.
xc: Scott Snider, Safety Coordinator
J. Robert Massengale, Assistant City Manager
for Financial Services
# 9E # # ?EiE s• iE # � •�#.#. •iE iE •� 3E iE it � �i �E iE iE �f• � 9E � fi• ?E 3i• � �• �i• # �E # :g• �E iE # )E i;vE 3i• iE iE yi• iE �i• 3r pE :: iE �i•
r # aE
DELIVER i 0: BET S`r WOOD
r..
ORIGINAL
# SEN,r: 07/1 •7/91 TIME: i i :42 iE
FROM: SCOT•T SNIDER �
`' 3t SUBJECT: INSURANCE COVER.
# PRINT DATE : U r/17/ 9S TIME: 15 : 30
aE �E
,..., �E#�E���•tt•�:��#ri•�:�:��t?i3Ek•h•zc:x�vE�#?k#•�SE�����#�#�PriEJiii•hi�:�•�ikx�E3i�•lE•�:iE
BETSY, AS PER YOUR REQUEST, THE GENTLEMAN I SPOKE WITH WAS
VICE. —PRESIDENT OF RISK MANAGEMENT. HIS NAME:: IS TIM DULIN.
BASICLY, IASKED HIM TO EXPLAIN THE COVERAGE THEY WERE PROPOSING
TO PROVIDE:: US WITH. TIM STATED THAT BECAUSE THEY ARE A NATIONAL
CO. THEY ALWAYS PROVIDE SEPERATE POLICIES FOR THEIR CUSTOMERS
BECAUSE OF THE NUMBER OF ACCOUNTS ►HEY HAVE:: NATION WIDE. I: TOLIa
TIM THAT THE CERTIFICATE WE RECIEVED ONLY STALED COVERAGE FOR
OWNER'S PROTECTIVE CON T. LIABILITY. TIM SAID THAT THE POLICY
COVERED ALL THE REQUIRED CATAGOR I ES ON THE ATTACHED, FORM FOR
PROOF OF THEIR COVERAGE. I TOLL) TIM THAT THIS ISSUE WAS NOT
CLEAR, AND THAT I WOULD APPRECIATE A LETTER OUTLINING THE
COVERAGES WITH HIS ASSURANCE THAT THE COVERAGE HE RESPONDED TO ON
"'" THE PHONE AND EXPLAINED TO ME WOULD BE PROVIDED.
nt omen mo g y
DALLAS BRANCH
2433ARBUCKLE COURT
DALLAS, TX 75229
214 1 620.8072
METRO 263.2909
FAX 214 ! 243.0192
�City of Lubbock June 28, 1991
1625 13th Street, Room L-04
Lubbock, TX 79401
ATTENTION: Mr. Ron Sheffield
REFERENCE: Owner's Protective Liability Insurance
Dear Mr. Sheffield;
Please find enclosed a copy of our Owner's and Contractor's Protective
Liability Coverage for the City of Lubbock elevator maintenance. This is a
copy of what was originally submitted to you with our bid. We are offering
you this coverage in lieu of naming you additionally insured on our
certificate of insurance.
�- If you should have any further questions, please do not hesitate to contact
me.
Sincerely,
MONTGOMERY ELEVATOR COMPANY
�" 44-
Kevin Baxter
Service Sales Consultant
KB/scc
encl
r-
Montgomery Elevator Company t Elevators & Escalators ! Moline, Illinois 61265 309 / 764-6771
OWNERS AND CONTRACTORS'PROTECTIVE LIABILITY COVERAGE PART SR-5,43-A
DECLARATIONS -
�� Policy No. RMGL249-8432 Effective Date: 12/26/90 **
;National Union Fi re Insurance 12:01 A.M., Standard Time
Company of Pittsburgh, PA
t
t
IA
L
DESIGNATION OF CONTRACTOR
NAmpd Insured:
Designation of Contractor and Mailing Address
City of Lubbock
Montgomery Elevator Company
1625 13th St., Room L-O4
One Montgomery Court
Lubbock, TX 79401
Ho ine, I-L 61265
LOCATION OF COVERED OPERATIONS
Various Locations
401-0654 thru 401-066O
$2oo,147
expires 1/1l96
LIMITS OF INSURANCE
Aggregate Limit
$2,D0O�000
Each Occurrence Limit
$2,000,000__
BUSINESS DESCRIPTION
Form of Business:
❑ Individual ❑ Joint Venture ❑ Partnership ❑ Organization (Other than Partnership or Joint Venture)
Business Description*:
Construction
of Elevators - Corporation
PREMIUM
Rate per
Classification Code No. Premium Basis $1,000 of Cost Advance Premium .
Total Advance Premium $
FORMS AND ENDORSEMENTS (other than applicable
Forms and Endorsements shown elsewhere in the policy)
Forms and Endorsements applying to this Coverage Part and made part of this policy at time of issue:
CL142
GU276a
*Information omitted if shown elsewhere in the policy.
**Inclusion of date optional.
THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD.
CL 152 (Ed. 11-851 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1984
K•'
CERTIFICATE OF INSURANCE
TO: CITY OF LUBBOCK DATE: December 2 6, 1 9 c
1625 13th St., Room L-04 Type of Elevator
Lubbock, Texas Project: Main tenan ce
Montgomery Elevator Company
THIS IS TO CERTIFY THAT M o l i n e , I L (Name and Address of Insured) is, at the date of this certificate, in-
sured by this Company with respect to the business operations hereinafter described, for the types of insurance and
in accordance with the provisions of the standard policies used by this Company, the further hereinafter described.
Exceptions to standard policy noted hereon.
P--
TYPE OF INSURANCE
L'
i I N THOUSANDS)
Policy No. Effective Ex.ires Limits of Liability
--------------------------------------------------------------------------------------------------------------------
RMWc419- Each Acciden t-$2,000,
Workmen's Compensation 5108 6/30/90 6/30/93 .i:s. Pol. Lmt-$2,000,
'D
------------------- --------------------------------------------------_ D i s ---Each_ E m p-$ 2_= 0 0 J-'--------
Owner'sProtec- RMGL249- A g g r e ga. m i t S 2,000,
tive-ep-Germ•• 8 4 3 2 2/ 2 6/ g 0 1/ 1/ 9 6 Per occurrence S 2, 000,
----------------------------------------------------------------------------------------------------------------
Contractor's
Protective or
Contingent
Liability
Per Person S
Per Occurrence S
Property Damage S
----------------R -CAT- 5 6 2------------------------------------------------- .Cam -i n e d -------------------
It
Automobile 9413 6/30/90 6I30/93 S n e S-Z-1 UU77
emit
--------------------------------------------------------------------------------------------------------------------
Comprehensive RMGL249- Combined Single Limit-*
8431 6/30/90 6I30/93 `� Occurrence- $ ;
General Liability Aggregate-
--------------------------------------------------------------------------------------------------------------------
Umbrella Liability S
--------------------------------------------------------------------------------------------------------------------
The foregoing PoliciesdJ (do not) cover all sub -contractors.
Locations Covered —Various
DESCRIPTION of Operations Covered
401-0654, 0655, 0656, 065.7,_0658, 0-059, 0660
The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or
canceled by the insurer in less than the legal time required after the insured has received written notice of such
change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation.
National Union Fire Insurance t
FIVE COPIES OF THIS CERTIFICATE of Pittsburgh, PA
MUST BE SENT TO THE OWNER. (Name of Insurer)
By: P — 1J -;, P_ � L�
Authorized
Title Renresen tat i ve
-20-
MAILED TO VENDOR: 8/23/90
CLOSE: 8-31-90
NEW CLOSING DATE: 9-12-90
BID # 10788
ADDENDUM # 1
PLEASE NOTE THE FOLLOWING:
PLEASE CHANGE CLOSING DATE FROM AUGUST 31, 1990 TO SEPTEMBER.12,
1990 AT 2:00 P.M.
THANK YOU,
CITY OF LUBBOCK
PURCHASING OFFICE
PLEASE RETURN ONE COPY WITH YOUR BID
MAILED TO VENDOR: 8/31/90
CLOSE: 9/12/90 @ 2:00 P.M.
NEW CLOSING DATE: 9/19/90
@2:00 P.M.
BID # 10788
ADDENDUM # 2
PLEASE NOTE THE FOLLOWING:
1. Please use attached Bid Proposal forms.
2. Builders Risk Insurance will not be required.
3. Contract(s) will be awarded on a per building basis.
4. Please add to equipment list:
WATER TREATMENT PLANT, 6001 N. GUAVA.
5. Delete requirement for 24 hour service. Please quote all buildings on an
8 hour day 5 day a week program.
THANK YO ,
GENE EADS
CITY OF LUBBOCK
PURCHASING OFFICE
PLEASE RETURN ONE COPY WITH YOUR BID
BID PROPOSAL FORM EXHIBIT A
MUNICIPAL
BUILDING,
1625 13TH STREET, LUBBOCK, TEXAS 79401:
One thousand eight hundred fifty
YEAR 1
MONTH
1 and no/100 dollars---------------
($ 1,850.00 )
P..
One thousand eight hundred fifty
MONTH
2 and no/100 dollars ---------------
($ 1,850.00 )
One thousand eight hundred fifty
MONTH
3 and no/100 dollars ----------------
($ 1,850.00 )
One thousand eight hundred fifty
MONTH
4 and no/100 dollar. ----------------
($ 1,850.00 )
One thousand eight hundred fifty
�-
MONTH
5 and no/100 dollars ----------------
($ 1,850.00 )
One thousand eight hundred fifty
MONTH
6 and no/100 dollars -----------------
($ 1,850.00 )
One thousand eight hundred fifty
MONTH
7 and no/100 dollars------------------
($ 1,850.00 )
One thousand eight hundred fifty
MONTH
8 and no/100 dollars------------------
($ 1,850.00 )
One thousand eight hundred fifty
MONTH
9 and no/100 dollars------------------
($ 1,850.00 )
One thousand eight hundred fifty
9-
MONTH
10 and no/100 dollars------------------
($ 1,850.00 )
One thousand eight hundred fifty
MONTH
11 and no/100 dollars------------------
($ 1,850.00 }
One thousand eight hundred fifty
MONTH
12 and no/100 dollars -
($ 1,850.00 }
Twenty-two thousand two hundred and
-- YEAR 1
TOTAL
no/100 dollars ---------------------------
($22,200 00 )
MUNICIPAL BUILDING
Twenty-two thousand six hundred forty -
YEAR 2
TOTAL
four and no/100 dollars------------------
($ 22,644.00 )
MUNICIPAL BUILDING
Twenty-three thousand ninety-six and
YEAR 3
TOTAL
88/100 dollars----------------------------
($23,096.88 )
MUNICIPAL BUILDING
Twenty-three thousand five hundred fifty -
YEAR 4
TOTAL
eight and 81/100 dollars-----------------
($ 23,558.81 )
m—
MUNICIPAL BUILDING
Twenty-four thousand twenty-nine and
YEAR 5
TOTAL
98/100 dollars ---------------------------
($ 24,029.98 )
MUNICIPAL BUILDING
TOTAL
($115,529.67)
AU ORIZED
SIG ATURE
BID PROPOSAL FORM EXHIBIT A
MUNICIPAL SQUARE, _916TEXAS, _LUBBOCK, TEXAS 79401:
YEAR 1
MONTH
1
Three hundred fifty
and
no/100
dollars
($ 350.00 )
MONTH
2
Three hundred fifty
and
no/100
dollars
($ 350.00 )
MONTH
3
Three hundred fifty
and
no/100
dollars
($ 350.00 )
MONTH
4
Three hundred fifty
and
no/100
dollars
($ 350.00 }
MONTH
5
Three hundred fifty
and
no/100
dollars
($ 350.00 )
MONTH
6
Three hundred fifty
and
no/100
dollars
($ 350.00 )
MONTH
7
Three hundred fifty
and
no/100
dollars
($ 350.00 )
MONTH
8
Three hundred fifty
and
no/100
dollars
($ 350.00 )
MONTH
9
Three hundred fifty
and
no/100
dollars
($ 350.00 )
MONTH
10
Three hundred fifty
and
no/100
dollars
($ 350.00 )
MONTH
11
Three hundred fifty
and
no/100
dollars
($ 350.00 )
MONTH
12
Three hundred fifty
and
no/100
dollars
($ 350.00 )
�- YEAR 1
TOTAL
Four
thousand two hundred
and
no/100
dollars
($4,200.00 )
MUNICIPAL BUILDING
Four
thousand two hundred
eighty-four
YEAR 2
TOTAL
and no/100 dollars-----------------------
($ 4,284.00 )
MUNICIPAL BUILDING
Four
thousand three hundred
sixty-nine
YEAR 3
TOTAL
and
68/100 dollars ----------------------
($ 4,369.68 )
MUNICIPAL BUILDING
Four
thousand four hundred
fifty-seven
YEAR 4
TOTAL
and
07/100 dollars -----------------------
($ 4,457.07 )
MUNICIPAL BUILDING
Four
thousand five hundred
forty-six and
YEAR 5
TOTAL
21/100
dollars ---------------------------
($ 4,546.21 )
MUNICIPAL BUILDING
TOTAL
($21,856.96 )
AUTHORIZED
S GNA
URE
BID PROPOSAL FORM EXHIBIT A
LUBBOCK POWER AND LIGHT, HOLLY AVENUE POWER STATION, 4210 EAST SLATON ROAD,.
LUBBOCK, TEXAS:
,.., YEAR 1
MONTH
1
Two hundred five and
no/100 dollars
($
205.00 )
MONTH
2
Two hundred five and
no/100 dollars
($
205.00 )
MONTH
3
Two hundred five and
no/100 dollars
($
205.00 )
MONTH
4
Two hundred five and
no/100 dollars
($
205.00 )
MONTH
5
Two hundred five and
no/100 dollars
($
205.00 )
MONTH
6
Two hundred five and
no/100 dollars
($
205.00 )
MONTH
7
Two hundred five and
no/100 dollars
($
205.00 )
MONTH
8
Two hundred five and
no/100 dollars
($
205.00 )
MONTH
9
Two hundred five and
no/100 dollars
($
205.00 )
MONTH
10
Two hundred five and
no/100 dollars
($
205.00 )
MONTH
11
Two hundred five and
no/100 dollars
($
205.00 )
MONTH
12
Two hundred five and
no/100 dollars
($
205.00 )
Two
thousand four hundred
sixty
YEAR 1
TOTAL
and
no/100 dollars---------------------
($
2,460.00 )
MUNICIPAL BUILDING
Two
thousand five hundred
thirty -
YEAR 2
TOTAL
three and no/100 dollars---------------
($
2,533.00 )
MUNICIPAL BUILDING
Two
thousand five hundred
eighty-three
YEAR 3
TOTAL
and
66/100 dollars----------------------
($ 2,583.66 )
MUNICIPAL BUILDING
Two
thousand six hundred thirty five
YEAR 4
TOTAL
And
33/100ridoIlarhtitz4„�'- i�g� -- .r ____
($�,635.33
)
MUNICIPAL BUILDING
Two
thousand six hundred eighty eight
YEAR 5
TOTAL
and
04/100 dollars----------------------
($2,688.04
)
MUNICIPAL BUILDING
TOTAL
($12,900.03 )
AUTHORIZED
—'N TURE�
IG A
BID PROPOSAL FORM EXHIBIT A
YEAR 1
MONTH
1
Two hundred five and
no/100 dollars
($
205.00 )
MONTH
2
Two hundred five and
no/100 dollars
($
205.00 }
MONTH
3
Two hundred five and
no/100 dollars
($
205.00 )
--
MONTH
4
Two hundred five and
no/100 dollars
($
205.00 )
MONTH
5
Two hundred five and
no/100 dollars
($
205.00 )
MONTH
6
Two hundred five and
no/100 dollars
($
205.00 )
MONTH
7
Two hundred five and
no/100 dollars
($
205.00_)
MONTI]
8
Two hundred five and
no/100 dollars
($
205.00 }
MONTH
9
Two hundred five and
no/100 dollars
($
205.00 }
MONTH
10
Two hundred five and
no/100 dollars
($
205.00 )
`
MONTH
11
Two hundred five and
no/100 dollars
($
205.00 )
MONTH
12
Two hundred five and
no/100 dollars
($
205.00 )
Two
thousand four hundred
sixty
YEAR 1
TOTAL
and
no/100 dollars---------------------
($
2,460.00 )
MUNICIPAL BUILDING
Two
thousand five hundred
nine and
YEAR 2
TOTAL
20/100 dollars --------------------------
($
2,509.20 )
MUNICIPAL BUILDING
Two
thousand five hundred
fifty-nine
YEAR 3
TOTAL
and
38/100 dollars ----------------------
($
2,559.38 }
MUNICIPAL BUILDING
m-
Two
thousand six hundred ten
and
YEAR 4
TOTAL
56/100 dollars---------------------------
($
2,610.56 )
MUNICIPAL BUILDING
Two
thousand six hundred sixty-two
YEAR 5
TOTAL
and
77 100 dollars--- ---------
/ -----------
($-
2,662.77 )
MUNICIPAL BUILDING
TOTAL ($.12,80191 )
.,
AUTHORIZED SIGNATURE/
BID PROPOSAL FORM EXHIBIT A
CIVIC CENTER, 1501 6TH STREET, LUBBOCK, TEXAS 79401:
Four hundred thirty-five and
YEAR 1
MONTH
1
no/100 dollars------------------
($
435.00 )
Four hundred thirty-five and
MONTH
2
no/100 dollars------------------
($
435.00 )
Four hundred thirty-five and
MONTH
3
no/100 dollars------------------
($
435.00 )
Four hundred thirty-five and
MONTH
4
no/100 dollars------------------
($
435.00 )
Four hundred thirty-five and
MONTH
5
nJ100 dollars-------------------
($
435.00 )
Four hundred thirty-five and
MONTH
6
no/100 dollars-------------------
($
435.00 )
Four hundred thirty-five and
MONTH
7
no/100 dollars-------------------
($
435.00 )
Four hundred thirty-five and
MONTH
8
no/100 dollars-------------------
($
435.00)
Four hundred thirty-five and
MONTH
9
no/100 dollars-------------------
($
435.00 }
Four hundred thirty-five and
MONTH
10
no/100 dollars-------------------
($
435.00 )
Four hundred thirty-five and
MONTH
11
no/100 dollars-------------------
($
435.00 }
Four hundred thirty-five and
MONTH
12
no/100 dollars-------------------
($
435.00 )
Five
thousand two hundred twenty and
YEAR 1
TOTAL
no/100 dollars --------------------------
($
5,220.00 )
MUNICIPAL BUILDING
Five
thousand three hundred twenty -
YEAR 2
TOTAL
four
and 46/100 dollars--------------------
($
5,324.40 )
MUNICIPAL BUILDING
Five
thousand four hundred thirty and
YEAR 3
TOTAL
88/100 dollars ---------------------------
($
5,430 88 )
MUNICIPAL BUILDING
Five
thousand five hundred thirty-nine
YEAR 4
TOTAL
and
49/100 dollars------------------------
($
5,539.49 }
MUNICIPAL BUILDING
Five
thousand six hundred fifty and
YEAR 5
TOTAL
27/100
dollars----------------------------
($
5,650.27 }
MUNICIPAL BUILDING
TOTAL ($ 27,165.04)
r t.
AUTHORIZED SIGNATURE
BID PROPOSAL FORM EXHIBIT A
MAHON LIBRARY, 1306 9TH STREET, LUBBOCK, TEXAS 79401:
YEAR 1 MONTH
1
One
hundred
ninety
and
no/100-dollars
($
190.00 )
MONTH
2
One
hundred
ninety
and
no/100
dollars
($
190.00 )
MONTH
3
One
hundred
ninety
and
no/100
dollars
($
190.00 )
MONTH
4
One
hundred
ninety
and
no/100
dollars
($
190.00 )
MONTH
5
One
hundred
ninety
and
no/100
dollars
($
190.00 )
MONTH
6
One
hundred
ninety
and
no/100
dollars
($
190.00 )
MONTH
7
One
hundred
ninety
and
no/100
dollars
($
190.00 )
MONTH
8
One
hundred
ninety
and
no/100
dollars
($
190.00 )
MONTH
9
One
hundred
ninety
and
no/100
dollars
($
190.00 )
MONTH
10
One
hundred
ninety
and
no/100
dollars
($
190.00 )
MONTH
11
One
hundred
ninety
and
no/100
dollars
($
190.00 )
MONTH
12
One
hundred
ninety
and
no/100
dollars
($
190.00 )
Two thousand two hundred eighty and
YEAR
1
TOTAL
no/100
dollars------------------------
($
2,280.00)
MUNICIPAL BUILDING
Two
thousand three hundred
twenty-five
YEAR
2
TOTAL
and
60/100 dollars --------------------
($
2,325.601
MUNICIPAL BUILDING
Two
thousand three hundred
seventy-two
YEAR
3
TOTAL
and
11/100 dollars --------------------
($
2,372.11)
MUNICIPAL BUILDING
Two
thousand four hundred
nineteen and
YEAR
4
TOTAL
55/100
dollars -------------------------
($
2_,419.55)
MUNICIPAL BUILDING
Two
thousand four hundred
sixty-seven and
YEAR
5
TOTAL
94/100
dollars ------------------------
($
2,467.94)
MUNICIPAL BUILDING
TOTAL ($ 11,865.20)
AUTHORIZED SIGNATURE
BID PROPOSAL FORM EXHIBIT A
LUBBOCK INTERNATIONAL AIRPORT, 6100 N. QUIRT, LUBBOCK, TEXAS:
YEAR
1 MONTH
1
Three hundred eighty and no/100 dollars
($
380.00 )
MONTH
2
Three hundred eighty and no/100 dollars
($
380.00 )
MONTH
3
Three hundred eighty and no/100 dollars
($
380.00 )
MONTH
4
Three hundred eighty and no/100 dollars
($
380.00 )
--
MONTH
5
Three hundred eighty and no/100 dollars
($
380.00 )
MONTH
6
Three hundred eighty and no/100 dollars
($
380.00 )
MONTH
7
Three hundred eighty and no/100 dollars
($
380.00 )
MONTH
8
Three hundred eighty and no/100 dollars
($
380.00 )
MONTH
9
Three hundred eighty and no/100 dollars
($
380.00 )
�.
MONTH
10
Three hundred eighty and no/100 dollars ($
380.00 )
MONTH
11
Three hundred eighty and no/100 dollars
($
380.00 )
MONTH
12
Three hundred eighty and no/100 dollars ($
380.00 )
Four
thousand five hundred sixty
-- YEAR
1 TOTAL
and
no/100 dollars-----------------------
($
4,560.00 )
MUNICIPAL BUILDING
Four
thousand six hundred fifty-one and
YEAR
2 TOTAL
20/100 dollars --------------------------
($
4,651.20 )
MUNICIPAL BUILDING
Four
thousand seven hundred forty-four
YEAR
3 TOTAL
and
22/100 dollars-----------------------
($
4,744.22 )
MUNICIPAL BUILDING
Four
thousand eight hundred thirty-nine
YEAR
4 TOTAL
and
10/100 dollars-----------------------
($
4,839.10 )
--
MUNICIPAL BUILDING
Four
thousand nine hundred thirty-five
YEAR
5 TOTAL
and
88/100 dollars-----------------------
($
4,935.88)
�.
MUNICIPAL BUILDING
TOTAL
($
23,730.40)
AUTHORIZED
SIGNATURE
BID PROPOSAL FORM EXHIBIT A
WATER TREATMENT PLANT. 6001 N. GUAVA. LUBBOCK. TX:
4 TON DOVER FREIGHT ELEVATOR
YEAR 1
MONTH
1
One hundred fifty and
no/100 dollars-($
150.00 )
MONTH
2
One hundred fifty and
no/100 dollars-($
150.00 )
MONTH
3
One hundred fifty and
no/100 dollars-($
150.00 )
MONTH
4
One hundred fifty and
no/100 dollars-($
150.00 )
MONTH
5
One hundred fifty and
no/100 dollars-($
150.00 )
MONTH
6
One hundred fifty and
no/100 dollars-($
150.00 )
MONTH
7
One hundred fifty and
no/100 dollars-($
150.00)
MONTH
8
One hundred fifty and
no/100 dollars-($
150.00)
MONTH
9
One hundred fifty and
no/100 dollars-($
150.00)
MONTH
10
One hundred fifty and
no/100 dollars-($
150.00)
MONTH
11
One hundred fifty and
no/100 dollars-($
150.00)
MONTH
12
One hundred fifty and
no/100 dollars-($
150.00)
One
thousand eight hundred
and
YEAR 1
TOTAL
no/100 dollars--------------------------- ($.1,800.00
)
MUNICIPAL BUILDING
One
thousand eight hundred
thirty-six
YEAR 2
TOTAL
and
no/100 dollars----------------------- ($
1,836.00 )
MUNICIPAL BUILDING
One
thousand eight hundred
seventy-two
YEAR 3
TOTAL
and
72/100 dollars---------------------- ($
1,872.72 )
MUNICIPAL BUILDING
One
thousand nine hundred
ten and
YEAR 4
TOTAL
17/100 dollars--------------------------- ($
1,910.17 )
MUNICIPAL BUILDING
One
thousand nine hundred
forty-eight and
YEAR 5
TOTAL
37/100 dollars-------------------------- ($
1,948.37 )
MUNICIPAL BUILDING
TOTAL ($ 9,367.26 )
AUTHORIZED SIGNATURE
1. EXTRA HOURS
2. HOLIDAY
ADDITIONAL WORK
*See Attachment-B
/HR
/HR
ATTACHMENT A
MhFOR"e
PRODUCER
CERTIFICATE OF INSURANCE
ROLLINS BURDICK HUNTER OF ILLINOIS, INC.
123 North Wacker Drive
Chicago, Illinois 60606
INSURED
Montgomery Elevator Company
One Montgomery Court
Moline, Illinois 61265
ISSUE DATE (MM/DDIYY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
COMPANIES AFFORDING COVERAGE
LETTER A National Union Fire Insurance
Company of Pittsburgh, PA
COMPANY S
LETTER
COMPANY `.
LETTER
COMPANY D
LETTER
COMPANY E
LETTER
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE IN ED ED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF Y CONTRACT OR OTHE LIMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED HE POLICIES DESCRI1 EREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BE EDUCED BY PAID CLAIMS.
CO POLICY EFFECT POLICY EXPIR N
TR TYPE OF INSURANCE POLICY NUMBER (MM1DD1YY DATE (MM/ Y) ALL LIMITS IN THOUSANDS
GENERAL LIABILITY GENERAL AGGREGATE $ 5, 000,
A X COMMERCIAL GENERAL LIABILITY RMGLA 459 6940 6/ / 89 30/ 92 PRODUCTS-COMP/OPS AGGREGATE s 5,000,
CLAIMS MADE X OCCUR. PERSONAL & ADVERTISING INJURY s 2,000,
X OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE s2,000
AUTOMOBILE LIABILITY
A X
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
X
HIRED AUTOS
X
NON -OWNED AUTOS
GARAGE LIABILITY
EXCESS LIABILITY
OTHER THAN U RELL
WORKER'S C ATION RMWC 1 1 2 74 35 06/ 30/ 89 06/ 30/ 92 STATUTORY
AND (California) $ 2,000,
RMWC 419 30 75 06/30/89 06/30/92 s 2,000,
EMPLOYERS' LIABILITY
(A/0 States) $ 2,000,
OTHER
6/30/89 6/30/92
30/89 6/30/92
FIRE DAMAGE (Any one lire) s 2,000,
MEDICAL EXPENSE (Anyone person) $
COMBINED
E
LIMIT
LIM
2,000,
BODILY
INJURY
$
(Per person)
INCL.
BODILY
INJURY
$
(Per accident)
INCL.
PROPERTY
s
DAMAGE
INCL.
EACH AGGREGATE
OCCURRENCE
S S
,DESCRIPTION OF 0PER ATIONSILOCATION SIVENICLES/RESTRICTIONS/SPECIAL ITEMS
(EACH ACCIDENT)
(DISEASE —POLICY LIMIT)
(DISEASE —EACH EMPLOYEE
CERTIFICATE HOLDER CANCELLATIONS
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ArORD 2 5-S (3/fIR) ACORD CORPORATION 1988
*ATTACHMENT B
Monday through Friday, 5 pm - 8 am,
Saturdays
Sundays and Holidays
Mechanic
Team
Mechanic
Team
NCN4AL RIL7`W RATES
(Fbtr Wbork PerFarmed Outside this Agreement)
Straight time Mechanic
Team
Time and One Half Mechanic
Team
Double Time Mechanic
Team
$33.05/Hour
$57.55/Hour
$60.40/Hour
$105.30/Hour
$66.10/Hour
$115.10/Hour
$99.15/Hour
$172.65/Hour
$126.50/Hour
$220.40/Hour
NOTE: THESE RATES SUBJECT TO CHANGE UPON EACH ANNUAL ANNIVERSARY OF CONTRACT
DATE.
-- ;� CHUBB GROUP 41 OF INSURANCE COMPANIES
* ATI'AC 1= C
40HI.JB1123 15 Mountain View Road, R O. Box 1615, Warren, New Jersey 07061-1615
FEDERAL INSURANCE COMPANY
BID BOND
Bond No. Amount $ 5%
Know All Men By These Presents,
That we, Montgomery Elevator Company, One Montgomery Court, Moline, IL 61265
(hereinafter called the Principal),
as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under
the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto
the City of Lubbock
(hereinafter called the Obligee),
in the sum of 5% Dollars
($ 5% ), for the payment of which we, the said Principal and the said Surety, bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
Sealed with our seals and dated this nineteenth day of September
A. D. nineteen hundred and ninety.
WHEREAS, the Principal has submitted a bid, dated
for Elevator Maintenance Bid #10788.
September 19, ,1990
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid
of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and
give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure
of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the, dif-
ference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which
the Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount
be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect.
Montgomery Elevator Company
r-XIlincipal
Richard J. y, Vice res' nt
F ERAL INSU NC COMPANY
By:
4
Vicki LaFayette, Attorn y In -Fact
PRINTED
IN
Form 15.02-0002 (Rev. 4-90) M-09600 u.s A.
CITY OF LUBBOCK
SPECIFICATIONS
for
TITLE: ESCALATOR & ELEVATOR MAINTENANCE FOR LUBBOCK MUNICIPAL BUILDING
ADDRESS: 1625 13TH STREET
BID NUMBER: 10788
PROJECT NUMBER: 1491-552101-9519
^� CONTRACT PREPARED BY: Purchasing Department
-1-
(This page left blank intentionally)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
p-
INDEX
PAGE
NOTICETO BIDDERS..........................................................................................3
GENERAL INSTRUCTIONS TO BIDDERS............................................................................4
BID PROPOSAL - BID FOR LUMP SUM CONTRACTS.................................................................10
PAYMENTBOND..............................................................................................13
PERFORMANCEBOND..........................................................................................16
CERTIFICATE OF INSURANCE..................................................................................19
CONTRACT..................................................................................................21
GENERAL CONDITIONS OF THE AGREEMENT.......................................................................23
CURRENT WAGE DETERMINATIONS...............................................................................41
SPECIFICATIONS............................................................................................42
SPECIALCONDITIONS........................................................................................43
NOTICE OF ACCEPTANCE......................................................................................45
-2-
(This page left blank intentionally)
0
NOTICE TO BIDDERS
-3-
(This page left blank intentionally)
NOTICE TO BIDDERS
BID # 10788
Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be
received at the office of the Purchasing Manager, 1625 13th St., Room L-04, Lubbock, Texas, 79401, until
�— 2:00 o'clock p.m. on the 31st day of August, 1990, or as changed by the issuance of formal addenda to all
planholders, to furnish all labor and materials and perform all work for the construction of the following
described project:
ESCALATOR & ELEVATOR MAINTENANCE FOR LUBBOCK MUNICIPAL BUILDING
After the expiration of the time and date above first written, said sealed proposals will be opened
by the Purchasing Manager at his office and publicly read aloud.
It is the sole responsibility of the bidder to insure that his bid is actually in the office of Gene
Eads, Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written.
The City Council will consider the bids on the 3rd day of March, 1990, at Municipal Bldg., Lubbock,
Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids
and waive any formalities. The successful bidder will be required to furnish a performance bond and payment
bond in accordance with Article 5160, Vernon's Ann. Civil St., in the amount of 100% of the total contract
price in the event that said contract price exceeds $25,000.00. Said statutory bonds should be issued by a
company carrying a current Best Rating of B or superior, as the rating of the bond company is a factor that
will be considered in determination of the lowest responsible bidder. If the contract price does not exceed
$25,000.00 the said statutory bonds will not be required.
p--
Bidders are required, whether or not a payment or performance bond is required, to submit a
cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a
reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less
than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and
execute all necessary bonds (if required) within 10 days after notice of award of the contract to him.
It shall be each bidders sole responsibility to inspect the site of the work and to inform himself
regarding all local conditions under which the work is to be done. It shall be understood and agreed that
all such factors have been thoroughly investigated and considered in the preparation of the bid submitted.
The plans, specifications, proposal forms and contract documents may be examined at the office of
the Purchasing Manager for the City of Lubbock, Texas.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per
diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of
Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is
further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained
therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as
heretofore established by owner in said wage scale.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant
to this advertisement, minority and women business enterprises will be afforded equal opportunities to
submit bids in response to this invitation and will not be discriminated against on the grounds of race,
color, sex, or national origin in consideration for an award.
There wilt be a pre -bid conference on 20th day of August, 1990, at 10:00 o'clock a.m., Personnel
Conference Room #108, Municipal Building, 1625 13th Street.
CITY OF LUBBOCK
Z
Z�
BY: Gene Eads, C.P.M.
Purchasing Manager
ADVERTISEMENT FOR BIDS
BID # 10788
Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be
received at the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock,
Texas, 79401 until 2:00 o'clock p.m. on the 31st day of August, 1990, or as changed by the issuance of
formal addenda to all planholders, to furnish all labor and materials and perform all work for the
construction of the following described project:
ESCALATOR 8 ELEVATOR MAINTENANCE FOR LUBBOCK MUNICIPAL BUILDING
After the expiration of the time and date above first written, said sealed proposals will be opened
by the Purchasing Manager at his office and publicly read aloud.
The plans, specifications, proposal forms and contract documents may be examined at the office of
the Purchasing Manager for the City of Lubbock, Texas.
Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per
Diem Wages included in the contract documents on file in the office of the Purchasing Manager of the City of
Lubbock, Texas. Each bidder's attention is further directed to the provisions of Article 5159a, Vernon's
Ann. Civil St., and the requirements contained therein concerning such wage scales and payment by the
contractor of the prevailing rates of wages as heretofore established by the City of Lubbock.
The City of Lubbock hereby notifies at[ bidders that in regard to any contract entered into pursuant
to this advertisement, minority and women business enterprises will be afforded equal opportunities to
submit bids in response to this invitation and will not be discriminated against on the grounds of race,
color, sex, or national origin in consideration for an award.
There will be a prebid conference on 20th day of August, 1990. at 10:00 o'clock a.m., Personnel
Conference Room 108, Municipal Building, 1625 13th Street.
Z'lz
BY: Gene Eads, C.P.M.
PURCHASING MANAGER
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GENERAL INSTRUCTIONS TO BIDDERS
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(This page left blank intentionally)
GENERAL INSTRUCTIONS TO BIDDERS
1. SCOPE OF WORK
The work to be done under the contract documents shall consist of the following:
Preventive and predictive maintenance service on all equipment and associated devises relataed to the
Escalators and Elevators.
r-- The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to
complete this project in accordance with contract documents.
2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents described in the Gen-
eral Conditions.
All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents
for the construction of this project and shall be responsible for the satisfactory completion of all work
contemplated by said contract documents.
3. PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project
covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a
bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as
�.. noted in the Notice to Bidders.
4. TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 000 (NO) calendar days
from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder.
The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however,
the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated
by the contract documents. In the event the City requires a progress schedule to be submitted, and it is
determined by the City that the progress of the work is not in accordance with the progress schedule so sub-
mitted, the City may direct the Contractor to take such action as the City deems necessary to insure comple-
tion of the project within the time specified.
5. PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of
the contract documents.
6. AFFIDAVITS OF BILLS PAID
The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor
to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of
the improvements contemplated by the contract documents have been paid in full and that there are no claims
pending, of which the Contractor has been notified.
-5-
7. MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and grade
will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail
will not relieve the Contractor of full responsibility for providing materials of high quality and for pro-
tecting them adequately until incorporated into the project. The presence or absence of a representative of
the City on the site will not relieve the Contractor of full responsibility of complying with this provi-
sion. The specifications for materials and methods set forth in the contract documents provide minimum
standards of quality which the Owner believes necessary to procure a satisfactory project.
8. GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against de-
fective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a
written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and
pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear
within ONE year from date of final acceptance of the work as a result of defective materials or workmanship,
at no cost to the Owner (City of Lubbock).
9. PLANS FOR THE CONTRACTOR
The contractor will be furnished one set of plans and specifications, and related contract documents for his
use during construction. Plans and specifications for use during construction will only be furnished di-
rectly to the Contractor. The Contractor shall then distribute copies of plans and specifications to sup-
pliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Con-
tractor.
10. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materi-
als, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construc-
tion, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid
for such work, until the date the City issues its certificate of completion to Contractor. The City re-
serves the right, after the bids have been opened and before the contract has been awarded, to require of a
bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by
the proposed contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
11. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions
of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the ma-
terials to be incorporated into the work without paying the tax at the time of purchase.
-6-
12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in
such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines,
conduits or other underground structures which might or could be damaged by Contractor during the,construc-
tion of the project contemplated by these contract documents. The City of Lubbock agrees that it will_fur-
nish Contractor the location of all such underground lines and utilities of which it has knowledge. How-
ever, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such under-
ground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by
this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas,
at Contractor's expense.
BARRICADES AND SAFETY MEASURES
1,,oIell_,�Thhe contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger sig-
nals, and shalt take such other precautionary measures for the protection of persons, property and the work
as may be
neces
ot`
The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and
Lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and re-
placed by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barri-
cades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of
acceptance of the project.
14. EXPLOSIVES
The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor
from the City. In all cases where written permission is obtained for the use of explosives, the Contractor
shall assume full responsibility for all damage which may occur as a direct or indirect result of the blast-
ing. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost
care so as not to endanger life or property and the Contractor shall further use only such methods as are
currently utilized by persons, firms, or corporations engaged in similar type of construction activity.
Explosive materials shall not be stored or kept at the construction site by the Contractor.
In all cases where explosives are to be used during the construction of the project contemplated by this
.-, contract, it shall be the duty of the Contractor to notify each utility company having structures (above or
below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such
notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem
necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of
responsibility for any damage resulting from his blasting operations.
15. CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local representative available at all times
while the work is in progress under this contract. The successful bidder shall be required to furnish the
name, address and telephone number where such local representative may be reached during the time that the
work contemplated by this contract is in progress.
16. INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required
in the General Conditions of the contract documents, from an underwriter authorized to do business in the
State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written
-7-
notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or
change. -
tleR
The insurance certificates furnished shall name the City as an additional insured and shall further state
Vhat all subcontractors are Onamed as additional insureds, or in the alternative, shall be accompanied by a
tatement from the Contractor to the effect that no work on this particular project shall be subcontracted.
17. LABOR AND WORKING HOURS
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages
included in these contract documents. The wage rate which must be paid on this project shall not be less
than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The
bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil
Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations there-
under. The inclusion of the schedule of general prevailing rate of per diem wages in these contract docu-
ments does not release the Contractor from compliance with any wage law that may be applicable. Construc-
tion work under this contract requiring an inspector will not be performed on weekends or holidays unless
the following conditions exist:
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary
service to its citizens.
(2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is
approaching the penalty provisions of the contract and Contractor can show he has made a diligent
effort to complete the contract within the allotted time.
Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor
must notify the Owner's Representative not less than three full working days prior to the weekend or holiday
he desires to do work and obtain written permission from the Owner's Representative to do such work. The
final decision on whether to allow construction work requiring an inspector on weekends or holidays will be
made by the Owner's Representative.
in any event, if a condition should occur or arise at the site of this project or from the work being done
under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately
commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition
so that it is no longer dangerous to property or Life.
18. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project
under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without
discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the
site of the work shall not later than the seventh day following the payment of wages, file with the Owner's
Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name
of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The
affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deduc-
tions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon.
The Contractor must classify employees according to one of the classifications set forth in the schedule of
general prevailing rate of per diem wages, which schedule is included in the contract documents.
-8-
The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten
dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such
Laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set
forth in the schedule of general prevailing rate of per diem wages included in these contract documents.
19. PROVISIONS CONCERNING ESCALATOR CLAUSES
Proposals submitted containing any conditions which provide for changes in the stated bid price due to in-
creases or decreases in the cost of materials, labor or other items required for the project will be re-
jected and returned to the bidder without being considered.
20. PREPARATION FOR PROPOSAL
The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be
correctly filled in and the bidder shall state the price both in words and numerals, for which he proposes
to do the work contemplated or furnish the materials required. Such prices shall be written in ink,
dis-tinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the
price written in figures, the price written in words shall govern. If the proposal is submitted by an indi-
vidual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm,
.— association, or partnership, the name and address of each member must be given and the proposal signed by a
member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by
a company or corporation, the company or corporate name and business address must be given, and the proposal
signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign
proposals must be properly certified and must be in writing and submitted with the proposal. The proposal
shall be executed in ink.
Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and
endorsed on the outside of the envelope in the following manner:
(a) Bidder's name
(b) Proposal for (description of the project).
Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids,
but no proposal may be withdrawn or altered thereafter.
21. BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the fol-
lowing:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Proposal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
(j) All other documents made available to bidder for his inspection in accordance with the Notice to
r^
Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered
incorporated by reference into the aforementioned contract documents.
-9-
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o"
o"
BID PROPOSAL
-10-
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BID PROPOSAL
BID FOR LUMP SUM CONTRACTS
PLACE City of Lubbock
DATE September 12, 1990
PROJECT NO. #10788
Proposal of Montgomery Elevator Company (hereinafter called Bidder)
�. To.the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder,,in compliance with your invitation for bids for the construction of a preventative
maintenance program for elevators and escalators.
having carefully examined the plans, specifications, instructions to bidders; notice to bidders and all other re-
lated contract documents and the site of the proposed work, and being familiar with all of the conditions surround-
ing the construction of the proposed project including the availability of materials and labor, hereby proposes to
furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifica-
tions and contract documents, within the time set forth therein and at the price stated below. The price to cover
all expenses incurred in performing the work required under the contract documents, of which this proposal is to be
a part, is as follows:
Forty—two thousand seven hundred twenty and
BID: no/100 dollars / 1st year of contract------------- ($ 42,720.00/1st year of
contract *See Addendum
Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.)
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a
written "Notice to Proceed" of the Owner and to fully complete the project within 00 (NONE) consecutive calendar
days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to
pay to Owner as liquidated damages the sum of $000.00 (NONE) for each consecutive calendar day in excess of the time
set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the
contract documents.
Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with in-
struction number 20 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in
the bidding.
•The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar
�-. days after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined
A the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees
to commence work on or before the date specified in the written notice to proceed, and to substantially complete the
work on which he has bid; as provided in the contract documents.
-11-
Enclosed with this proposal is a Cashier's Check or Certified Check for
Dollars ($ ) or a Proposal Bond in the sum of 5 % Dollars ($ 5 % ),
which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is
accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond
(if any) with the owner within ten (10) days after the date of receipt of written notification of acceptance of said
proposal; otherwise, said check or bond shall be returned to the undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all con-
tract documents made available to him for his inspection in accordance with the Notice to Bidders.
(Seal if Bidder is a Corporation)
ATTE6S retary
Linda R. Thornbloom, Asst. Secretary
__--MQ4atgomerV Elevator Company
Contr for
E
� _ IN:
:i J
PFA
r /
esident i
-12-
POWER OF ATTORNEY
Krtjw all Men by these Presents, That the FEDERAL INSURANCE COMPANY, 15 Mountain View Road, Warren, New Jersey, an Indiana Corpora-
tion, has constituted and appointed, and does hereby constitute and appoint Linda Thornbloom and Vicki LaFayette of
Moline, Illinois---------------------------------------------------------------------------------
each its true and lawful Attorney -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as
surety thereon or otherwise, bonds or obligations on behalf of MONTGOMERY ELEVATOR COMPANY
in connection with bids, proposals or contracts to or with the United States of America, and+ State or political subdivision thereof or any person, firm or corporation.
And the execution of such bond or obligation by such Attorneys -in -Fact in this Company s name and on its behalf as Surety thereon or otherwise, under its cor-
porate seal, in pursuance of the authority hereby conferred shall, upon delivery thereof, be valid and binding upon this Company.
In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by its Vice President and Assistant Secretary and its
corporate seal to be hereto affixed this 1st day of May 19 90
Corporate Seal
FEDERAL INSURANCE COMPANY
By
i
rxon
Vice President
County of Somerset r J5.
On this 1st day of May 19 90 , before me personally came Richard D. O'Connor to me known and by me known to be Assistant Secretary of the FEDERAL IN.
SURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Richard D. O'Connor being by me duly sworn, did depose and say that he is Assistant Secretary
of the FEDERAL INSURANCE COMPANY and knows the corporate seal thereof: that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws
of said Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he is acquainted with James D. Dixon and knows him to be the Vice President of
said Company, and that the signature of said James D. Dixon subscribed to said Power of Attorney is in the genuine handwriting of said James D. Dixon and was thereto subscribed by authority of said By -Laws
and in deponent's presence.
Notarial Seal
Acknowledged and Sworn to before me
0',i' `,y on the date above written.
rJ rla:r�t�'
� �o � LlC �� ICOLEtTE T. PASCULLI
� Notary Public
PU6
CERTIFICATION Wary Public, State of New Jersey
AT
EC^No. 2055518
STJERSEY sS. Cofnmission Expires October 2, 1994
County of Somerset
I, the undersigned, Assistant Secretary of the FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the By -Laws of the said Company as adopted by its Board of Directors
on March 2, 1990 and that this By -Law is in full force and effect.
'ARTICLE XVIII.
Section 2. All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law of its charter to execute, may and shall be executed
in the name and on behalf of the Company either by the Chairman or the Vice Chairman or the President or a Vice President, jointly with the Secretary or an Assistant Secretary, under their respective
designations, except that any one or more officers or attorneys -in -fact designated in any resolution of the Board of Directors or the Executive Committee, or in any power of attorney executed as provided
for in Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power of attorney.
Section 3. All powersof attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman orthe Vice Chairman orthe President ore Vice President
or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each
of the following officers: Chairman, Vice Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to
any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in
the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such
facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached."
I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the U nited States of America, District of Columbia, Puerto Rico, and each of the
Provinces of Canada with the exception of Prince Edward Island; and is also duty licensed to become sole surety on bonds, undertakings, etc., permitted or required by law.
I, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the foregoing Power of Attorney is in full force and effect.
Given under my hand and the seal of said Company at Warren, N.J.,
CONSENTCORP,
20th day of December t9 90
Assistant Secretary
PRINTED
U.S A
PAYMENT BOND
-13-
(This page left blank intentionally)
Bond No. 81306148
STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160 BOND CHECK
OF THE REVISED CIVIL STATUTES OF TEXAS BEST RATING AS AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, LICENSED IN TEXAS
1959 DATE _ 7: 9Z 8Y
KNOW ALL MEN BY THESE PRESENTS, that Montgomery Elevator Co. (hereinafter called the Principal(s), as
Principal(s), and Federal Insurance Company
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter
called the Obligee), in the amount of '` Dollars ($2D 47.27) lawful money of
the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, adminis-
trators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 6 t h day of
December 1990 , to
perform escalator and elevator maintenance at Lubbock Municipal Building,
Lubbock, TX from January 1, 1991 through January 1. 1996
and said Principal under the law is required before commencing the work provided for in said contract to execute a
bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the
same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants
supplying labor and material to him or a sub -contractor in the prosecution of the work provided for in said con-
tract, then, this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised
Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on
this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were
copied at length herein.
DISCLOSURE OF GUARANTY FUND NONPARTICIPATION
In the event the Insurance Company is unable to fulfill
its contractual obligation under this policy or contract
or ap lication or certificate or evidence of coverage,
�. the p licyhoider or certificateholder is not protected
by an nsurance guaranty fund or other solvency pro-
tection arrangement,
FORTY SEVEN AND 27/100
Form 99 10-0285 JE0 3- 0)
-14-
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this
20th day of December 19 90,
Ipany
.dent
8y:
(Title)
By:
(Title)
Federal Insurance Company
Surety
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby des-
ignates an agent resident in Lubbock County to whom any requisite notices may be delivered and
on whom service of process may be had in matters arising out of such suretyship.
Texas Resident Agent
Robert B. Spurgin
Approved as to form:
City of Lubbock y�
City Attorney
Federal Insurance Company
Surety
/
l J
�*By:
(Title)
Vicki LaFayette, Attorney-In-Fac
*Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws
showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy
of power of attorney for our files.
THIS BOND EXECUTED IN S COUNTERPARTS
*.Republic Hogg Robinson of Texas, Inc.
3101 34th Street
Lubbock, TX 79413
POWER OF ATTORNEY
Know all Men by these Presents, That the FEDERAL INSURANCE COMPANY, 15 Mountain View Road, Warren, New Jersey, an Indiana Corpora
tion, has constituted and appointed, and does hereby constitute and appoint Linda Thornbloom and Vicki LaFayette of
Moline, Illinois -------------------------------------------------------------------------------
each its true and lawful Attorney -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf
surety thereon or otherwise, bonds or obligations on behalf of MONTGOMERY ELEVATOR COMPANY
in connection with bids, proposals or contracts to or with the United States of America, any State or political subdivision thereof or any person, firm or corporation
And the execution of such bond or obligation by such Attorneys -in -Fact in this Company's name and on its behalf as Surety thereon or otherwise, under its cot
porate seal, in pursuance of the authority hereby conferred shall, upon delivery thereof, be valid and binding upon this Company.
In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws. caused these presents to be signed by its Vice President and Assistant Secretary and its
corporate seal to be hereto affixed this I s t day of May 19 90
Corporate Seal r
FEDERAL INSURANCE COMPANY
By
Jart�s D. Dixon
(///// Vice President
County of Somerset 'y
On this I S t day of May 19 9 0 , before me personally came Richard D. O'Connor to me known and by me known to be Assistant Secretary of the FEDERAL IN
SURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Richard D. O'Connor being by me duly sworn, did depose and say that he is Assistant Secretary
of the FEDERAL INSURANCE COMPANY and knows the corporate seal thereof. that the seat affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws
of said Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he is acquainted with James D. Dixon and knows him to be the Vice President of
said Company, and that the signature of said James D. Dixon subscribed to said Power of Attorney is in the genuine handwriting of said James D. Dixon and was thereto subscribed by authority of said By -Laws
r and in deponent's presence.
Notarial Seal
Acknowledged and Sworn to before me
v J %: on the date above written.
j 1`10 i'ARY -
—+ ,7 Notary Public
PU6L!ICOLETTE T. PASCULLI
% �A CERTIFICATION Notary Public, State of, New Jersey
.— ft: No. 2066518
STAT JERSEY ss- Commission Expires October 2, 1994
County of Somerset
I, the undersigned, Assistant Secretary of the FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the By -Laws of the said Company as adopted by its Board of Directors
on March 2, 1990 and that this By -Law is in full force and effect.
ARTICLE XVIII.
Section 2. All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute. may and shall be executed
^ in the name and on behalf of the Company either by the Chairman or the Vice Chairman or the President or a vice President, jointly with the Secretary or an Assistant Secretary, under their respective
designations. except that any one or more officers or ahorneys-in•fact designated in any resolution of the Board of Directors or the Executive Committee, or in any power of attorney executed as provided
for in Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power of attorney.
Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Vice Chairman or the President or a Vice President
or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each
^ of the following officers: Chairman. Vice Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to
any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in
the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such
facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached."
I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America. District of Columbia, Puerto Rico, and each of the
Provinces of Canada with the exception of Prince Edward Island; and is also duly licensed to become sole surety on bonds, undertakings, etc.. permitted or required by law.
1, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the foregoing Power of Attorney is in full force and effect.
Given under my hand and the seal of said Company at Warren, N.J,this 20th dayof December .19 90 .
Assistant Secretary
-ONSENTCORP.
PRINTED
U5A
P -.
PERFORMANCE BOND
-17-
Bond No. 81306148
STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959
BOND CHECK
BEST RATING ,.._._
LICENSED IN TEXAS
DATE /- Z i�Y
KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and
Federal -Insurance .ompany,
^
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter
called the Obligee); -in the amount of i, % Dollars (s200,147.�7awful money of the
United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administra-
tors, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the6 t h day of
December , 199Q to
perform escalator and elevator maintenance at Lubbock Municipal
Building, Lubbock, TX from January 1, 1991 through January 1, 1996
and said principal under the law is required before commencing the work provided for in said contract to execute a
bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the
same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully per-
form the work in accordance with the plans, specifications and contract documents, then this obligation shall be
void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised
Civil Statutes of Texas as amended by Acts of the 56th Legislature, regular session 1959, and all liabilities on
this bond shall be determined in accordance with the provisions of said article to the same extent as if it were
copied at length herein.
1N WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 2 0t h
day of December , 1990 , —`
d g l Insurance Company s!``gomery _Elevator Co
Surety /� Principal
DISCLOSURE OF GUARANTY FUND NONPARTICIPATION
In the event the Insurance Company is unable to fulfill
its contractual obligation under this policy or contract
or a lication or certificate or evidence of coverage,
,the p licyholder or certificateholder is not protected
by an 'nsurance guaranty fund or other solvency pro-
tection arrangement.
'14icha Ri-ey
(Title)
By:
(Title)
e Preside
Fwm 99-10-0285 (Ed 090)
-17-
The- undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates 3 an agent resident in Lubbock County to whom any requisite notices may be delivered and on
whom'service,of process may be had in matters arising out of such suretyship.
P /
Texas Resident Agent
Robert B. Spurgin
Approved as to Form
City of Lubbock r
BY.
City ttorney
Federal Insurance Company
Surety n
0
(Title)
Vicki LaFayette
Attorney —In —Fact
*Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by -Laws
showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy
of power of attorney for our files.
THIS BOND EXECUTED IN S COUNTERPARTS
yRepublic Hogg Robinson of Texas, Inc.
3101 34th Street
Lubbock, TX 79413
-18-
POWER OF ATTORNEY
4° Know all Men by these Presents, That the FEDERAL INSURANCE COMPANY, 15 Mountain View Road, Warren, New Jersey, an Indiana Corpor;
Lion, has constituted and appointed, and does hereby constitute and appoint Linda Thornbloom and Vicki LaFayette of
Moline, Illinois -------------------------------------------------------------------------------
each its true and lawful Attorney -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf
surety thereon or otherwise, bonds or obligations on behalf of MONTGOMERY ELEVATOR COMPANY
in connection with bids, proposals or contracts to or with the United States of America, any State or political subdivision thereof or any person, firm or corporatiol
And the execution of such bond or obligation by such Attorneys -in -Fact in this Company's name and on its behalf as Surety thereon or otherwise, under its co
porate seal, in pursuance of the authority hereby conferred shall, upon delivery thereof, be valid and binding upon this Company.
In Witness Whereof, the said FEDERAL INSURANCE COMPANY has. pursuant to its By -Laws. caused these presents to be signed by its Vice President and Assistant Secretary and Its
corporate seal to tie hereto allixed this 1st day of May 19 90
Corporate Seal
y/h
O'Connor j
STATE NEW JERSEY Assistant Secretary
STAT OF NEW JERSEY ICounty of Somerset Ss.
FEDERAL INSURANCE COMPANY
By
?Jar D Dixon
Vice President
On this 1st day of May 19 90 , before me personally came Richard 0. O'Connor to me known and by me known to be Assistant Secretary of the FEDERAL IN
SURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Richard D. O'Connor being by me duly sworn, did deoose and say that he is Assistant Secretar)
of the FEDERAL INSURANCE COMPANY and knows the corporate seat thereof; that the seal affixed to the foregoing Power of Attorney is such corporate sear and was thereto affixed by authority of the By-Lawt
o1 said Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by IlKe authority. and that he is acquainted with James D. Dixon and knows him to be the Vice Presioent o'
said Company, and that the signature of said James D. Dixon subscribed to said Power of Attorney is in the genuine handwriting of said James D. Dixon and was thereto subscribed by authonty of said By -Law:
and in deponent's presence.
Notarial Seal
Acknowledged and Sworn to before me
on the dale above written.
Z PUSUC ICOLETTE T. PASCULLI Notary Public
CERTIFICATION t"ry Public, State of New Jersey
l'cFS No. 2066518
STAT _ JERSEY r SS Commission Expires October 2, 199/
County of Somerset J>
I. the undersigned. Assistant Secretary of the FEDERAL INSURANCE COMPANY. do hereby certify that the following is a true excerpt from the By -Laws of the said Company as adopted by its Board of Directors
on March 2. 1t390 and that this By -Law is in lull force and effect. '
-ARTICLE XVIII.
Section 2. All bonds. undertakings. contracts and other instruments other than as above for and on behah o1 the Company which it is authorized by law or its charier to execute, may and shall be executed
in the name and on behalf of the Company either by the Chairman or the Vice Chairman or the President or a Vice President, prilly with the Secretary or an Assistant Secretary, under their respective
designations, except that any one or more officers or attorneys -in -fact designated in any resolution of the Board of Directors or the Executive Committee, or in any power of attorney executed as provided
�-.. for in Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power of attorney.
Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company. either by the Chairman or the Vice Chairman Or the President or a Vice President
or an Assistant Vice President, tointty with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed, The sgnature of each
of the following officers: Chairman, Vice Chairman, President. any Vice President, any Assistant Vice President. any Secretary. any Assistant Secretary and the seal bl the Company may be affixed by facsimile to
any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in
the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and anysuch power soexecdted and certified bysuch
facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached."
I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America. District of Columbia. Pueno Rico. and each of the
^' Provinces Of Canada with the exception of Prince Edward Island; and is also duly licensed to become sole suretyon bonds, undertakings, etc., permitted or required by law.
I, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby cenity that the foregoing Powerof Attomey is in full force and effect.
Given under my hand and the seal of said Companyal Warren, N.J., this day of ,1g
Corr
Assistant Secretary
CONSENTCORP.
PR NTED
UsA
r-
CERTIFICATE OF INSURANCE
-19-
(This page left blank intentionally)
CERTIFICATE OF INSURANCE
TO: CITY OF LUBBOCK DATE: December 26, 1990
1625 13th St., Room L-04 Type of Elevator
Lubbock, Texas Project: Maintenance
Montgomery Elevator Company
THIS IS TO CERTIFY THAT '10 1 i n e , I L (Name and Address of Insured) is, at the date of this certificate, in-
sured by this Company with respect to the business operations hereinafter described, for the types of insurance and
in accordance with the provisions of the standard policies used by this Company, the further hereinafter described.
Exceptions to standard policy noted hereon.
TYPE OF INSURANCE
( I ": THOU SA4NDS )
Policy No.
Effective
Expires
Limits of Liability
--------------------------------------------------------------------------------------------------------------------
RMWC41 9-
Each Acc i den t-$2 ,000 ,
Workmen's
510Q
6/30/90
6/30/93
Di;s• Pol. Lmt-$2,000,
Compensation
-----
D i s:-- Each--Em p --$ 2-= 0 0 0-=-------
-----------------------------------------------
Owner's Protec-
RMGL249-
Aggre at 1 imi t $ 2,000,
t i ve eP-sent in 8432
�genr i :„►++ St-vr
' 2/ 2 6/ 9 0
1/ 1/ 9 6
Per occurrence $ 2, 000,
itri�iQRtDS1A.age . Rom_
Contractor's
Per Person $
Protective or
Per Occurrence $
Contingent
Property Damage $
Liability
--------------------------------------------------------------------------------------------------------------------
RMCATX562-
Com fined
^6Cn G
9419
6/30/90
6/30/93
RQ��
S i n�---- $-�- -p ;
Automobile
.-
ri-c per y B ei imi a-�i
--------------------------------------------------------------------------------------------------------------------
Comprehensive
R M G L 2 4 9-
8431
6/30/90
6/300
Combined Single L i m i t-
Each Occurrence- $$pQ ,
77�7r,
.-- General Liability
--------------------------------------------------------------------------------------------------------------------
Aggregate-
Umbrella Liability $
The foregoing Policies **) (do not) cover all sub -contractors.
Locations Covered V a r i o u s
DESCRIPTION of Operations Covered
401-0654, 0655, 0656, 0657, 0658, 0659, 0660
The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or
canceled by the insurer in less than the legal time required after the insured has received written notice of such
change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation.
National Union Fire Insurance Co.
FIVE COPIES OF THIS CERTIFICATE of P i ttsburgh , PA
MUST BE SENT TO THE OWNER. (Name of Insurer)
By:
Authorized
Title Representative
-20-
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART S R - 5 4 3 - A
DECLARATIONS
Policy No. RMGL.249-8432 Effective Date: 12/26/90 **
National Union Fire Insurance 12:01 A.M., Standard Time
Company of Pittsburgh, PA
DESIGNATION OF CONTRACTOR
Designation of Contractor and Mailing Address
City of Lubbock
Montgomery Elevator Company
1625 13th St., Room L-04
One Montgomery Court
Lubbock, TX 79401
Moline, IL 61265
LOCATION OF COVERED OPERATIONS
Various Locations
- 401-0654 thru 401-0660
$200,147
expires
1/1/96
LIMITS OF INSURANCE
Aggregate Limit
$ 2, 0 0 0, 0 0 0
Each Occurrence Limit
$ 2 , 000 , 000
BUSINESS DESCRIPTION
Form of Business:
❑ Individual ❑ Joint Venture ❑ Partnership
❑ Organization (Other than Partnership or Joint Venture)
Business Description*:
Construction of
Elevators - Corporation
PREMIUM
Rate per
Classification Code No.
Premium Basis $1,000 of Cost Advance Premium
Total Advance Premium $
FORMS AND ENDORSEMENTS (other than applicable Forms and Endorsements shown elsewhere in the policy)
Forms and Endorsements applying to this Coverage Part and made part of this policy at time of issue:
CL102
GU276a
®— *Information omitted if shown elsewhere in the policy. **Inclusion of date optional.
THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD.
CL 152 (Ed. 11-85) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1984
CONTRACT
-21-
(This page left blank intentionally)
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this December 6. 1990 , by and between the City of Lubbock,
County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so,
hereinafter referred to as OWNER, and Montgomery Elevator Co. of the City of Dallas, County of Dallas and the State
of TEXAS, hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CON-
TRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as fol-
Lows:
BID #10788 - ESCALATOR AND ELEVATOR MAINTENANCE 1N THE AMOUNT OF $200,147.27
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or
their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence,
Labor, insurance and other accessories and services necessary to complete the said construction in accordance with
the contract documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have
been given to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with
the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to
make payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County,
Texas in the year and day first above written.
ATTEST:
Sec tary
LINDA R. THORNBLOOM
ASSISTANT SECRETARY
CITY OF LUBBOCK, TEXAS (OWNER)
By.
4YOR"
Montgomery Elevator Company
2433 Arbuckle Court
Dallas TX 75229
-22-
GENERAL CONDITIONS OF THE AGREEMENT
-23-
(This page left blank intentionally)
GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
Whenever the word owner, or the expression Party of the First Part, or First Party, are used in this con-
tract, it shall be understood as referring to the City of Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall
be understood to mean the person, persons, copartnership or corporation, to -wit: Montgomery Elevator Co.,
who has agreed to perform the work embraced in this contract, or to his or their legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood
as referring to Jerry Smith, Director of Building Services, City of Lubbock, under whose supervision these
contract documents, including the plans and specifications, were prepared, and who will inspect construc-
tions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act
in any particular under this agreement. Engineers, supervisor or inspectors will act for the Owner under
the direction of Owner's Representative, but shall not directly supervise the Contractor or men acting in
behalf of the Contractor.
4. CONTRACT DOCUMENTS
The contract documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal,
Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of
the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available
to Bidder for his inspection in accordance with the Notice to Bidders.
5. INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed,"
or words of like import are used, it shall be understood that the direction, requirement, permission, order,
designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved,"
"Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory
to the Owner's Representative.
Whenever in the Specifications or drawings accompanying this agreement, the terms of description of various
qualities relative to finish, workmanship, or other qualities of similar kind which cannot, from their na-
ture, be specifically and clearly described and specified, but are necessarily described in general terms,
the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the
r-. fulfillment of said Specifications shall be decided by the Owner's Representative, and said work shall be
done in accordance with his interpretations of the meaning of the words, terms, or clauses defining the
character of the work.
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor
for performance of work on the project contemplated by these contract documents. Owner shall have no re-
sponsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated
by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments
-. due Subcontractor.
-24-
7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a
member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent
certified mail to the last business address known to him who gives the notice.
8. WORK
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and
all other facilities necessary for the execution and completion of the work covered by the contract docu-
ments. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be
of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and
quality of materials. Materials or work described in words which so applied have well known, technical or
trade meaning shall be held to refer such recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract docu-
ments has been made suitable for use or occupancy or the facility is in a condition to serve its intended
purpose, but still may require minor miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and
shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative
will check the Contractor's layout of all major structures and any other layout work done by the Contractor
at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly
Locating all work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense
to him and he shall keep one copy of same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress of quality of the
executed work and to determine, in general, if the work is proceeding in accordance with the contract docu-
ments. He will not be required to make exhaustive or continuous on -site inspections to check the quality or
quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequences
or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing
assurances for the Owner that the completed project will conform to the requirements of the contract docu-
ments, but he will not be responsible for the Contractor's failure to perform the work in accordance with
the Contract Documents. On the basis of his on -site observations, he will keep the Owner informed of the
progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of
the Contractor.
-25-
13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commence-
ment of the work contemplated by these contract documents or the completion of the work contemplated by
these contract documents. Whenever necessary, Contractor shall suspend his work in order to permit Owner's
Representative to comply with this requirement, but such suspension will be as brief as practical and Con-
tractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Repre-
sentative ample notice of the time and place where lines and grades will be needed. All stakes, marks,
etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him,
his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representa-
tive at Contractor's expense.
14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
Representative shall review all work included herein. He has the authority to stop the work whenever such
stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and
disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all
cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this
contract. He shall determine all questions in relation to said work and the construction thereof, and
shall, in all cases, decide every question which may arise relative to the execution of this contract on the
part of said Contractor. The Owner's Representative's estimates and findings shall be conditions precedent
to the right of the parties hereto to arbitration or to any action on the contract, and to any rights of the
Contractor to receive any money under this contract; provided, however, that should Owner's Representative
render any decision or give any direction, which in the opinion of either party hereto, is not in accordance
with the meaning and intent of this contract, either party may file with said Owner's Representative within
�^- 30 days his written objection to the decision or direction so rendered, and by such action may reserve the
right to submit the questions so raised to arbitration as hereinafter provided. It is the intent of this
Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direc-
tion of the Owner's Representative as rendered shall be promptly carried out, and any claim arising there-
from shall be thereafter adjusted to arbitration as hereinafter provided.
The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the
Contractor a written decision on all claims of the parties hereto and on all questions which may arise rela-
tive to the execution of the work or the interpretation of the contract, specifications and plans. Should
the Owner's Representative fail to make such decision within a reasonable time, an appeal to arbitration may
be taken as if his decision had been rendered against the party appealing.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint
from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative
may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that
said material is furnished and said work is done in accordance with the specifications therefore. The Con-
tractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors
or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey
._ the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when
such directions and instructions are consistent with the obligations of this Agreement and accompanying
plans and specifications provided, however, should the Contractor object to any orders by any subordinate
engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's
Representative for his decision.
-26-
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and
shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all
satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence
and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by
competent and reasonable representatives of the Contractor is essential to the proper performance of the
work and lack of such supervision shall be grounds for suspending operations of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the Con-
tractor and all risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or
any subcontractors, or any of his agents or employees, or any other persons performing any of the work.
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the na-
ture and location of the work, the confirmation of the ground, the character, quality and quantity of mate-
rials to be encountered, the character of equipment and facilities needed preliminary to and during the
prosecution of the work, and the general and local conditions, and all other matters which in any way effect
the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of
the Owner, either before or after the execution of this contract, shall effect or modify any of the terms or
obligations herein contained.
18. CHARACTER OF WORKMEN
The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of
work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall
inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or dis-
orderly, such man or men shall be discharged from the work and shall not again be employed on the work with-
out the Owner's Representative's written consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecu-
tion and completion of this contract where it is not otherwise specifically provided that Owner shall fur-
nish same, and it is also understood that Owner shall not be held responsible for the care, preservation,
conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it
is finally completed and accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the
Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure
shall at all times be maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public ob-
servation, shall be constructed and maintained by the Contractor in such manner and at such points as shall
be approved by the Owner's Representative and their use shall be strictly enforced.
-27-
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the
work. Contractor shall make necessary arrangements and provide proper facilities and access for such obser-
vation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain
a.a.
the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give am -
pie notice as to the time each part of the work will be ready for such observation. Owner or Owner's Rep-
resentative may reject any work found to be defective or not in accordance with the contract documents, re-
gardless of the stage of its completion or the time or place of discovery of such errors and regardless of
^"^ whether Owner's Observer has previously accepted the work through oversight or otherwise. If any work
should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Repre-
sentative, be uncovered for examination at Contractor's expense. In the event that any part of the work is
being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representa-
tive to make observations of such work or require testing of said work, then in such event Owner or Owner's
Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection,
testing or approval made by persons competent to perform such tasks at the location where that part of the
work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed
by the American Society for Testing and Materials or such other applicable organization as may be required
by law or the contract documents.
if any work which is required to be inspected, tested, or approved is covered up without written approval or
consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representa-
tive, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspec-
tions, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work
which fails to meet the requirements of any such tests, inspections or approval, and any work which meets
the requirements of any such tests or approval but does not meet the requirements of the contract documents
shall be considered defective. Such defective work shall be corrected at the Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by
Owner, Owner's Representative, or other persons authorized under this agreement to make such inspections,
tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with
the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is further agreed that if the work or any part thereof, or any material brought on the site of the work
for use in the work or selected for the same, shall be deemed by the Owner or Owners' Representative as un-
suitable or not in conformity with plans, specification and contract documents, the Contractor shall, after
receipt of written notice thereof from the Owner's Representative, forthwith remove such material and re-
build or otherwise remedy such work so that it shall be in full accordance with this contract. It is fur-
ther agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit,
in the line, grade, form dimensions, plans or or materials for the work herein contemplated, or any part
thereof, either before or after the beginning of the construction, without affecting the validity of this
contract and the accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the
.. basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they in-
crease the amount of work, and the increased work can fairly be classified under the specifications, such
increase shall be paid according to the quantity actually done and at the unit price established for such
work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In
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case the Owner shall make such changes or alterations as shall make useless any work already done or mate-
rial already furnished or used in said work, then the Owner shall recompense the Contractor for any material
or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in
preparation for the work as originally planned.
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be
required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, al-
teration or addition to the work as shown on the plans and specifications or contract documents and not cov-
ered by Contractor's proposal, except as provided under Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representa-
tive when presented with a written work order signed by the Owner's Representative; subject, however, to the
right of the Contractor to require written confirmation of such extra work order by the Owner. It is also
agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined
by the following methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is com-
menced, then the Contractor shall be paid the actual field cost of the work, plus
fifteen (15%) per cent.
In the event said extra work be performed and paid for under Method (C), then the provisions of this para-
graph shall apply and the Factual field cost" is hereby defined to include the cost of all workmen, such as
foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and
equipment, for the time actually employed or used on such extra work, plus actual transportation charges
necessarily incurred, together with all expenses incurred directly on account of such extra work, including
Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workmen's
Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or
Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts
of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's
Representative. The Owner's Representative may also specify in writing, before the work commences, the
method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these mat-
ters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machin-
ery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of
Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical,
the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work
order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and com-
pensate.him for his profit, overhead, general superintendence and field office expense, and all other ele-
ments of cost and expense not embraced within the actual field cost as herein defined, save that where the
Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost
to maintain and operate the same shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In
case any orders or instructions appear to the Contractor to involve extra work for which he should receive
compensation or an adjustment in the construction time, he shall make written request to the Owner's Repre-
sentative for a written order authorizing such extra work. Should a difference of opinion arise as to what
does or does not constitute extra work or as to the payment therefore, and the Owner's Representative in-
sists upon its performance, the Contractor shall proceed with the work after making written request for
written order and shall keep adequate and accurate account of the actual field cost thereof, as provided
under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbi-
tration as herein below provided.
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25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of this contract that all work described in the proposal, the
specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor
and that such price shall include all appurtenances necessary to complete the work in accordance with the
intent of these contract documents as interpreted by Owner's Representative. If the Contractor finds any
discrepancies or omissions in these plans, specifications, or contract documents, he should notify the
Owners' Representative and obtain a clarification before the bids are received, and if no such request is
received by the Owner's Representative prior to the opening of bids, then it shall be considered that the
Contractor fully understands the work to be included and has provided sufficient sums in his proposal to
complete the work in accordance with these plans and specifications. It is further understood that any re-
quest for clarification must be submitted no later than five days prior to the opening of bids.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the
quality of work with the rate of progress required under this contract, the Owner or Owner's Representative
may order the Contractor in writing to increase their safety or improve their character and efficiency and
the Contractor shall comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein speci-
fied, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an
extent as to give reasonable assurance of compliance with the schedule of progress.
27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
.-- The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an
insurance company licensed to transact business in the State of Texas, which policy shall comply with the
Workmen's Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable
precaution for the safety of employees and others on or near the work and shall comply with all applicable
provisions of federal, state and municipal laws and building and construction codes. All machinery and
equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Preven i "
in Construction" of Associated General Contractors of America, except where incompatible with federal., sta
a
or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indem-
nify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or
claims of any character whatsoever, brought for or on account of a j s or damages received or sus-
„ tained by any person or persons or property, on account of any ne i t or fault of the Contractor or
any subcontractor, their agents or employees, in the execution and su rv" ion of said contract, and the
project which is the subject matter of this contract, on account of the failure of Contractor or any subcon-
tractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment
m.. with costs which may be obtained against the Owner or any of its officers, agents, or e k ees "ncluding
attorney's fees, providing contractor was found to be solely at fau
The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as
an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be
given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work pro-
gresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assump-
tion of duty to supervise safety precautions by either the Contractor or any of his subcontractors.
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28. CONTRACTOR'S INSURANCE
The Contractor shall procure and carry at his sole cost and expense through the life of this contract, in-
surance protection as hereinafter specified. Such insurance shall be carried with an insurance company au-
thorized to transact business in the State of Texas and shall cover all operations in connection with this
contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided
covering the operation of each subcontractor.
A. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $300,000 Bodily
Injury and $300,000 Property Damage per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products $ Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion 1101 waived)
B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy
naming the City of Lubbock as insured and the amount of such policy shall be as follows
For bodily injuries, including accidental death, $500,000 per occurrence, and $100,000 for Property
Damage.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury $250/500,000
Property Damage $100,000
to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -
owned Vehicles.
The City will be supplied with a Certificate of Insurance.
D. Builder's Risk Insurance
The Contractor shall obtain a Builder's Risk policy in the amount of (100% of poten-
tial loss) naming the City of Lubbock as insured.
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E. Excess or Umbrella Liability Insurance
The Contractor shall have Excess or Umbrella Liability Insurance in the amount of
($1,000,000 minimum) with coverage to correspond with Comprehensive General Liability and Comprehen-
sive Automobile Liability coverages.
a
-- F. Worker's Compensation and Employers Liability Insurance
As required by State statute covering all employees whether employed by the Contractor or any Sub-
contractor on the job with Employers Liability of at least $100,000 limit.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the
Owner for approval five Certificates of Insurance covering each insurance policy carried and
offered as evidence of compliance with the above insurance requirements, signed by an authorized
representative of the insurance company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne
by such certificate.
(4) The expiration date of the policy and the limit or Limits of liability thereunder on the
date borne by such certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named in-
sured at the address shown in the bid specifications.
(6) A provision that written notice shall be given to the City ten days prior to any change in
or cancellation of the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) con-
tained in the job specifications. No substitute of nor amendment thereto will be accept-
able.
29. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY EQUIPMENT
AND SUPPLIES
The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any
demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts
thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the
performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence
that all obligations of the nature hereinabove designated have been paid, discharged or waived.
If during the progress of the work, Contractor shall aLLow any indebtedness to accrue for work furnished by
any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness
within five (5) days after demand is made, then Owner may, during the period for which such indebtedness
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shall remain unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such
unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness.
Any and all communications between any party under this paragraph must be in writing.
30. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The contractor shall pay all royalties and license fees, and shall provide for the use of any design, de-
vice, material or process covered by letters patent or copyright by suitable legal agreement with the Paten-
tee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or
copyrights and shall indemnify and save the owner harmless from any loss on account thereof, except that
Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular
design, device, material or process or the product of a particular manufacturer or manufacturers is speci-
fied or required in these contract documents by Owner; provided, however, if choice of alternate design, de-
vice, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harm-
less from any loss on account thereof. If the material or process specified or required by Owner is an in-
fringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the
Owner of such infringement.
31. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and
regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the
Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether
by the Contractor or his employees. If the Contractor observes that the plans and specifications are at
variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes
shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work
knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the
Owner's Representative, he shall bear all costs arising therefrom.
The owner is a municipal corporation of the State of Texas and the law from which it derives its powers, in-
sofar as the same regulates the objects for which, or the manner in which, or the conditions under which the
Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to
the same effect as though embodied herein.
32. ASSIGNMENT AND SUBLETTING
The Contractor further agrees that he will retain personal control and will give his personal attention to
the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature
of the work, or materials required in the performance of this contract, shall not relieve the Contractor
from his full obligations to the Owner, as provided by this contractual agreement.
33. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of
beginning and time for completion as specified in the contract of work to be done hereunder are essential
conditions of this contract; and it is further mutually understood and agreed that the work embraced in this
contract shall be commenced on a date to be specified in the Notice to Proceed.
If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or
any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the con-
sideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total
compensation, the sum of $000.00 PER DAY, not as a penalty, but as Liquidated damages for the breach of the
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damages for the breach of the contract as herein set forth for each and every calendar day that the
Contractor shall be in default after the time stipulated for completing the work.
r--
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the com-
pletion of the work described herein is reasonable time for the completion of the same, taking into consid-
eration the average climatic change and conditions and usual industrial conditions prevailing in this Local-
ity.
The amount is fixed and agreed upon by and between the Contractor and the Owner because of the
impractica-bility and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sus-
tain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from
current periodical estimates for payments or from final payment.
It is further agreed and understood between the Contractor and Owner that time is of the essence of this
contract.
34. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Con-
tractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and
in such manner as shall be most conductive to economy of construction; provided, however, that the order and
time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in
accordance with this contact, the plans and specifications, and within the time of completion designated in
the proposals; provided, also, that when the Owner is having other work done, either by contract or by his
own force, the Owner's Representative may direct the time and manner of constructing work done under this
contract so that conflicts will be avoided and the construction of the various works being done for the
Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative,
schedules which shall show the order in which the Contractor proposes to carry on the work, with dates at
which the Contractor will start the several parts of the work and estimated dates of completion of the sev-
eral parts.
M 35. EXTENSION OF TIME
The Contractor agrees that he has submitted his proposal in full recognition of the time required for the
completion of this project, taking into consideration the average climatic range and industrial conditions
prevailing in this locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove
set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract,
except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees
of the owner or other contractors employed by the owner, or by changes ordered in the work, or by strike,
walk -outs, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an ex-
tension of time, submitting therewith all written justification as may be required by Owner's Representative
for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after re-
ceipt of a written request for an extension of time by the Contractor supported by all requested docu-
mentation shall then submit such written request to the City Council of the City of Lubbock for their con-
sideration. Should the Contractor disagree with the action of City Council on granting an extension of
time, such disagreement shall be settled by arbitration as hereinafter provided.
36. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within
the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays in-
cident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge
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shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of
the work embraced in this contract except where the work is stopped by order of the Owner or Owner's
Representative for the Owner's convenience, in which event, such expense as in the judgment of the Owner's
Representative that is caused by such stoppage shall be paid by Owner to Contractor.
37. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length,
area, solid contents, number and weight only shall be considered, unless otherwise specifically provided.
In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract,
including the specifications, plans and other contract documents are intended to show clearly all work to be
done and material to be furnished hereunder. Where the estimated quantities are shown for the various
classes of work to be done and material to be furnished under this contract, they are approximate and are to
be used only as a basis for estimating the probable cost of the work and for comparing their proposals of-
fered for the work. It is understood and agreed that the actual amount of work to be done and the materials
to be furnished under this contract may differ somewhat from these estimates, and that where the basis for
payment under this contract is the unit price method, payment shall be for the actual amount of work done
and materials furnished on the project.
38. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any
way encountered, which may be injured or seriously affected by any process of construction to be undertaken
under this agreement, from any damage or injury by reason of said process of construction; and he shall be
liable for any and all claims for such damage on account of his failure to fully protect all adjacent
property. The Contractor agrees to indemnify, save and hold harmless the owner against any claim or claims
for damages due to any injury to any adjacent or adjoining property, arising or growing out of the perfor-
mance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the exis-
tence or character of the work.
39. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all
work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity
with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price
set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor
hereby agrees to receive such price in full for furnishing all materials and all labor required for the
aforesaid work, also, for all expenses incurred by him and for well and truly performing the same and the
whole thereof in the manner and according to this agreement, the attached specifications, plans, contract
documents and requirements of Owner's Representative.
40. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the
contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of de-
fective work. Contractor shall at any time requested during the progress of the work furnish the Owner or
Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness
in connection with the work. Before final payment is made, Contractor shall satisfy owner, by affidavit or
otherwise, that there are no outstanding liens against owner's premises by reason of any work under the con-
tract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all
claims against Owner which have not theretofore been timely filed as provided in this contract.
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Ma
41. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an applica-
tion for partial payment. Owner's Representative shall review said application for partial payment and the
progress of the work made by the Contractor and if found to be in order shall prepare a certificate for par-
tial payment showing as completely as practical the total value of the work done by the Contractor up to and
including the last day of the preceding month; said statement shall also include the value of all sound ma-
terials delivered on site of the work that are to be fabricated into the work.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount
of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5%
shall be retained until final payment, and further, less all previous payments and all further sums that may
be retained by Owner under the terms of this agreement. It is understood, however, that in case the whole
.... work be near to completion, and this fact is certified to by owner's Representative and some unexpected and
some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon
written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained per-
centage due Contractor.
42. FINAL COMPLETION AND ACCEPTANCE
Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that
the work has been completed or substantially completed, the owner's Representative and the owner shall in-
spect the work and within said time, if the work be found to be completed or substantially completed in ac-
cordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his
certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (31) days to
issue a certificate of acceptance of the work to the Contractor.
43. FINAL PAYMENT
Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final
measurement and prepare a final statement of the value of all work performed and materials furnished under
the terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or be-
fore the 31st day after the date of certificate of completion, the balance due Contractor under the terms of
this agreement, provided he has fully performed his contractual obligations under the terms of this con-
tract; and said payment shall become due in any event upon said performance by the Contractor. Neither the
certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve
the Contractor of the obligation for fulfillment of any warranty which may be required in the special condi-
tions (if any) of this contract or required in the specifications made a part of this contract.
44. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative
on account of failure to conform to the contract, whether actually incorporated in the work or not, and Con-
tractor shall at his own expense promptly replace such condemned materials with other materials conforming
to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other
contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such
condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative,
Owner may remove and replace it at Contractor's expense.
45. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of
responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for
any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the
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date of substantial completion. The Owner or the Owner's Representative shall give notice of observed de-
fects with reasonable promptness.
46. PAYMENT WITHHELD
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any
certificate to such extent as may be necessary to protect himself from loss on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner,
which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of
them.
47. TIME OF FILING CLAIMS
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the
Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) days after the
Owner's Representative has given any directions, order or instruction to which the Contractor desires to
take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and
render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's
Representative, any demand for arbitration shall be filed with the Owner's Representative and the Owner in
writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's
Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by
the Contractor of the final payment shall be a bar to any claim by either party, except where noted other-
wise in the contract documents.
48. ARBITRATION
All questions of dispute under this agreement shall be submitted to arbitration at the request of either
party to the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; one named
in writing by each party and the third chosen by the two arbiters selected; or if the arbiters fail to se-
lect a third within ten (10) days, he shall be chosen by the District Judge, 72nd Judicial District of
Texas. Each arbiter shall be a resident of the City of Lubbock. Should the party demanding arbitration
fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the de-
cision of the Owner's Representative shall be final and binding on him. Should the other party fail to
choose an arbiter within ten (10) days, the Owner's Representative shall appoint such arbiter. Should ei-
ther party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the
arbiters are empowered by both parties to take Ex Parte Proceedings.
The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the
contract, unless either or both parties shall appeal within ten (10) days from date of the award by the ar-
biters, and it is hereby agreed that each party shall have the right of appeal and all proceedings shall be
according to and governed by Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated
Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT
SHALL BE A CONDITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION.
-37-
The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sus-
tained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the
appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The ar-
biters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the costs
and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writ-
w..
ing and shall not be open to objection on account of the form of proceedings or award.
49. ABANDONMENT BY CONTRACTOR
-- In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written
notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the or-
ders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or
the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to
complete the work and a copy of said notice shall be delivered to the Contractor.
After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery,
equipment, tools, materials or supplies then on the job, but the same, together with any materials and
equipment under the contract for work, may be held for use on the work by the owner or the Surety of the
Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any
,.. rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as
provided for under paragraph 24 of this contract); it being understood that the use of such equipment and
materials will ultimately reduce the cost to complete the work and be reflected in the final settlement.
a.. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided
for within ten (10) days after service of such notice, then the Owner may provide for completion of the work
in either of the following elective manners:
(a) The owner may employ such force of men and use of machinery, equipment, tools, materials and sup-
plies as said Owner may deem necessary to complete the work and charge the expense of such labor,
machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged
shall be deducted and paid by the owner out of such moneys as may be due, or that may thereafter at
any time become due to the Contractor under and by virtue of this Agreement. In case such expense
is less than the sum which would have been payable under this contract, if the same had been com-
pleted by the Contractor, then said Contractor shall receive the difference. In case such expense
is greater than the sum which would have been payable under this contract, if the same had been com-
pleted by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess
to the Owner; or
(b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspa-
per having a general circulation in the County of location of the work, may let the contract for the
completion of the work under substantially the same terms and conditions which are provided in this
contract. In case of any increase in cost to the Owner under the new contract as compared to what
would have been the cost under this contract, such increase shall be charged to the Contractor and
the Surety shall be and remain bound therefore. However, should the cost to complete any such new
contract prove to be less than that which would have been the cost to complete the work under this
contract, the Contractor or his Surety shall be credited therewith.
when the work shall have been substantially completed, the Contractor and his Surety shall be so notified
and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be
issued. A complete itemized statement of the contract accounts, certified to by owner's Representative as
being correct shall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or
his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within
30 days after the date of certificate of completion.
-38-
In the event the statement of accounts shows that the cost to complete the work is less than that which
would have been the cost to the Owner had the work been completed by the Contractor under the terms of this
contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the
Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be
turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract
price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated
hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the
work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the
Contractor and his Surety at the respective addresses designated in this contract; provided, however, that
actual written notice given in any manner will satisfy this condition. After mailing, or other giving of
such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the
duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date
of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net
sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either
public or private sale, with or without notice, as the Owner may elect. The owner shall release any machin-
ery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than
the Contractor or his Surety, to their proper owners.
50. ABANDONMENT BY OWNER
In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply
with said terms within ten (10) days after written notification by the Contractor, then the Contractor may
suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all
materials on the ground that have not been included in payments to the Contractor and have not been incorpo-
rated into the work. Thereupon, the Owner's Representative shall make an estimate of the total amount
earned by the Contractor, which estimate shall include the value of all work actually completed by said Con-
tractor at the prices stated in the the attached proposal, the value of all partially completed work at a
fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided
for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Con-
tractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative
shall then make a final statement of the balance due the Contractor by deducting from the above estimate all
previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this
Agreement, and shall certify same to the owner who shall pay to the Contractor on or before thirty (30) days
after the date of the notification by the Contractor the balance shown by said final statement as due the
Contractor, under the terms of this Agreement.
51. BONDS
The successful bidder shall be required to furnish a performance bond and payment bond in accordance with
Article 5160, Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the
event said contract price exceeds $25,000.00. If the contract price does not exceed $25,000.00, the statu-
tory bonds will not be required. All bonds, if required, shall be submitted on forms supplied by the Owner,
and executed by an approved Surety Company authorized to do business in the State of Texas. And it is fur-
ther agreed that this contract shall not be in effect until such bonds are so furnished.
52. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special con-
ditions conflict with any of the general conditions contained in this contract, then in such event the
special conditions shall control.
-39-
53. LOSSES FROM NATURAL CAUSES
Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the
work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution
of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the
work, shall be sustained and borne by the Contractor at his own cost and expense.
54. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and au-
thority to direct, supervise, and control his own employees and to determine the method of the performance
of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to ob-
serve Contractor's work during his performance and to carry out the other prerogatives which are expressly
reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at
any time change or effect the status of the Contractor as an independent contractor with respect to either
the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or
corporation.
55. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and
at the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus
materials and shall leave the work room clean or its equivalent. The work shall be left in good order and
condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor.
-40-
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r.,
CURRENT WAGE DETERMINATIONS
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r-�
SPECIFICATIONS
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SPECIFICATIONS
FOR
ESCALATOR AND ELEVATOR MAINTENANCE
OF
THE LUBBOCK MUNICIPAL BUILDINGS
CITY OF LUBBOCK
OFFICE OF PURCHASING MANAGER
1990
TECHNICAL SPECIFICATIONS
FOR
TOTAL MAINTENANCE SERVICE
OF
ESCALATORS AND ELEVATORS
FOR
LUBBOCK MUNICIPAL BUILDINGS
LUBBOCK, TEXAS
I. SCOPE
A. Preventive and predictive maintenance service shall be pro-
vided by the Contractor on all equipment and associated
devices related to the Escalators and Elevators as outlined
within the specifications for a period of two years.
B. The Contractor shall furnish all personnel, components,
replacement parts, materials, test equipment, tools, and
services in conformance with the terms and conditions as
outlined below.
II. ESCALATOR/ELEVATOR SERVICE
r, A. Equipment Included
1. The specified quantities, size and model numbers (if
known) of the major pieces of equipment are listed sepa-
rately on the equipment list.
2. The preventive and predictive maintenance and the
responsibility of the Contractor shall not be limited
only to these major pieces of equipment as shown on the
equipment list, but shall also include all associated
devices and systems as listed below that are related to
the Escalator and Elevator System(s).
a. Escalator System
Machine, worm, gear, drive chains, step chains,
tracks controllers and sprockets, bearings, rotating
-- elements.
Motors and related electrical components such as
contacts, relays, coils, windings, transformers and
fuses, brakes, shoes, linings and related compo-
nents.
Step rollers, safety switches, stop -buttons, exte-
rior panels, exposed surfaces, step treads,
handrails and related equipment.
b. Elevator System
Pumps, pump motor, operating valves, valve motors,
motor windings, leveling valves, plunger packings,
exposed piping, hydraulic fluid tanks.
Controllers, leveling devices and cams, all relays
magnet frames, solid state components, resistors,
condensers, transformers, contacts, leads, timing
devices, motor circuits, operating circuits and rec-
tifiers.
Hoist way door interlocks, hoist way door hangers,
bottom door guides, auxiliary door closing devices
and hoist way switches.
Automatic power operated door operator, car door
hanger, car door contact, door protective device,
car frame, platform, wood platform flooring, tile
floor covering in the elevator car, car guide rails,
car guide shoes, gibs or rollers.
Conductor cables, elevator hoist way wiring and
machine room elevator wiring.
Worm gearing, thrust bearings, drip pan, sheave
shaft bearings, sheave shaft thrust, brakes, cables.
B. Equipment Not Included
1. Maintenance services, including repair, labor and parts
replacement, for portions of the system and equipment
that are non -maintainable or non-moving are not required
nor included as part of this specification.
2. Car enclosure, panels, door panels, plenum chambers,
hung ceilings, light diffusers, light tubes and bulbs,
handrails, mirrors and carpet.
Hoist way enclosures, gates, doors, frames and sills,
buried piping.
Balustrades, escalator lighting, exterior panels of
escalators, skirt and deck panels.
-2-
3. This specification covers all equipment at all locations
in this contract. In the event the system is altered,
changed or if any equipment is added or deleted to meet
system requirements, then their maintenance services
shall be in accordance with this specification.
C. Service Included
1. The general services listed below shall apply to the
�^ systems and equipment as shown on the Equipment List and
as described in the section entitled "Equipment
Included." Monthly inspections must be performed on all
equipment.
a. Evaluate each piece of equipment and device, see
that it is functioning properly and is in good oper-
ating condition according to industry standards.
b. Clean all components of dust, old lubricants, etc.,
to allow the equipment to function as designed.
c. Lubricate all equipment where needed to permit bear-
ings, gears, and all contact wearing points to oper-
ate freely and without undue wear.
d. Adjust all linkages, motors, drives, etc., that have
drifted from initial design settings.
e. Inspect, test, clean, adjust, repair or replace all
safety switches, including, but not limited to stop
buttons, brakes, etc. All operating switches shall
be tested as required by ANSI A-17, 1 code. Repair
or replace as required.
f. Test and cycle all equipment as a system after it
has been cleaned, lubricated and adjusted to see
that it is in good operational condition.
g. Inspect, clean, lubricate, adjust, repair or replace
escalator machines, all drive chains, step chains,
tracks controllers and sprockets.
h. Inspect, test, clean, lubricate, adjust, repair or
replace all brakes, shoes, linings and related com-
ponents.
-3-
i. Inspect, clean, adjust, lubricate, repair or replace
step rollers. Assure that quiet and smooth opera-
tion follows.
3. In summary, the Contractor shall include:
a. Preventive maintenance
b. Planned maintenance
c. Twenty-four hour emergency service
d. All parts and labor
e. "Fixed" annual cost
D. Parts Replacement
1. All parts, components, or devices for the Escalator/
Elevator Systems as listed above and on the attached
Equipment List that are excessively worn or are not in
proper operational condition shall be repaired, and/or
replaced with new parts, components, or devices.
2. When equipment or parts are replaced in their entirety,
and a newer design of this device is available and is
functionally equivalent and compatible, the device of
the newer design shall be used as the replacement.
3. All repair and replacement parts, components, and
devices for the Escalator/Elevator System shall be sup-
plied by the Contractor and shall be included in the
cost of the service program.
4. The Contractor shall not be made responsible for repairs
necessitated by reason of negligence or misuse of the
equipment by other than the Contractor, or by reason of
any other cause beyond the control of the Contractor
except ordinary wear and tear.
E. Additional Services
For other additional services that apply to this Escala-
tor/Elevator Maintenance section. Contractor shall furnish
hourly rate for services not covered under this contract.
-4-
III. MAINTENANCE PROCEDURES AND RECORDS
r., A. The Contractor shall provide within the proposal a specific
and detailed plan so as to the proposed methods by which the
maintenance services are to be accomplished.
B. As work is scheduled, the Contractor shall issue, to his me-
chanic on the job, the necessary and appropriate recommended
maintenance procedures and a listing of any special lubri-
cants, tools, etc., that are required for proper maintenance
of the apparatus concerned.
C. The Contractor's administration system shall provide for
continuous updating of maintenance procedures and frequen-
cies from historical data. Breakdown experience and fre-
quency shall determine the on -site material inventory level
and preventive maintenance frequencies.
IV. PREVENTIVE MAINTENANCE AND EMERGENCY SERVICE CALLS
A. The Contractor shall schedule and perform the preventive
maintenance service. Monthly inspections must be performed
on all equipment.
1. After each service call, a service report shall be fur-
nished to Owner's representative.
2. The Contractor shall perform the necessary preventive
maintenance as recommended by the manufacturer of the
equipment, and shall incorporate the listed checks and
functions into his work schedule.
B. The Contractor shall provide each location within this spec-
ification a monthly schedule in advance of services to be
performed by date and time.
1. All labor, overtime, travel costs, parts, supplies, and
other expenses incurred on such a call shall be provided
by the Contractor and shall be included in the cost of
the service program.
2. The Contractor shall be capable of responding'to an
emergency situation within three (3) hours.
3. The Contractor shall be on call on a 24-hour basis and
provide a telephone answering service in order to re-
spond to emergency calls.
-5-
EQUIPMENT LIST
Municipal Building, 1625 13th Street, Lubbock, Texas, 79401:
a. Otis Escalator: Model HOES, Serial #296377 - Serves second
floor down to first floor.
b. Otis Escalator: Model HOES, Serial #210825 - Serves first
floor up to second floor.
c. Otis Escalator: Model HOES, Serial #296378 - Serves first
floor down to basement.
d. Otis Escalator: Model #60ES, Serial #296379 - Serves basement
up to first floor.
e. Otis Elevator: Type LRV3-2000, Serial #405806 - Serves base-
ment to second floor.
f. Otis Freight Elevator: Serial 0139106 - Serves sub -basement to
second floor.
Municipal Square, 916 Texas, Lubbock, Texas, 79401:
a. Westinghouse Elevator: Model #28 GRD Passenger, Serial
#34711E1 - Basement to second floor.
b. Westinghouse Elevator: Model #28 GRD Passenger, Serial
#34711E2 - Basement to second floor.
Mahon Library, 1306 9th Street, Lubbock, Texas, 79401:
a. Dover Elevator: Model #RB100-20, Serial #46792 - South eleva-
tor.
b. Dover Elevator: Model #RB100-20, Serial #46791 - North eleva-
tor.
Civic Center, 1501 6th Street, Lubbock, Texas, 79401:
a. Dover Passenger Elevator: Serial #E43676, Capacity - 2,500
lbs.
b. Dover Elevator: Serial #E43677, Capacity - 20,OOO lbs. Large
freight serves main level and basement.
c. Dover Elevator: Serial #E43678, Capacity - 2,500 lbs. Small
freight serves banquet hall on all three levels.
d. Dover Lift for Orchestra Pit: Serial #14816.
Lubbock Power and Light, Holly Avenue Power Station, 4210 East Slaton
Road, Lubbock, Texas:
a. Dover Elevator: Type - Traction, Capacity - 1,200 lbs. - Stops
five.
Lubbock International Airport, 6100 N. Quirt, Lubbock, Texas:
a. Dover Passenger: Type 4, Serial #42836 - Serves Southwest Air-
lines Baggage Claim.
b. Dover Passenger: Type 4, Serial #42837 - Serves kitchen area
down to basement.
c. Dover Passenger: Type 4, Serial #42838 - Serves Room #120.
d. Dover Passenger: Type 4, Serial #78544 - Serves first floor,
in front of restaurant, up to Blue Room.
JS:sh
7/17/90
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0
SPECIAL CONDITIONS
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City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
806-767-3000
December 12, 1990
Montgomery Elevator Company
2433 Arbuckle Court
Attn: Richard J. Riley
Dallas, TX 75229
SUBJECT: Escalator and Elevator Maintenance
The City of Lubbock, having considered the proposals
submitted and opened on the 19th day of September, 1990, for
work to be done and materials to be furnished in and for:
City of Lubbock Bid # 10788 - Escalator & Elevator
Maintenance for Lubbock Municipal Building
as set forth in detail in the Specifications, Plans, and
Contract Documents for such work for the City of Lubbock, it
appearing that your proposal is fair, equitable and to the
best interest of said City, please take notice that said
proposal was accepted by the City Council of the City of
Lubbock on the December 6, 1990, at the bid price contained
therein, subject to the execution of and furnishing of all
other documents specified and required to be executed and
furnished under the contract documents. It will be
necessary for you to execute and furnish to the City of
Lubbock all such documents within ten (10) days from your
receipt of this Notice.
The five percent (5%) bid security, submitted with your
proposal, will be returned upon the execution of such
contract documents and bonds within the above specified ten
(10) day period. In the event you should fail to execute
and furnish such contract documents and bonds within the
time limit specified, said bid security will be retained by
the City of Lubbock.
CITY OF LUBBOCK
Gene Eads, C.P.M.
.. Purchasing Manager